COLLEGE OF CRIMINAL JUSTICE EDUCATION

IFSU-POTIA CAMPUS
S. Y. 2021-2022

FUNDAMENTALS OF CRIMINAL
INVESTIGATION
AND
INTELLIGENCE

An instructional material for criminology students

of IFSU-Potia Campus

Name of Student
 VISION
A globally recognized University upholding excellence amidst rich cultural
heritage

MISSION
Produce employable graduates who are morally upright, socially and culturally
responsible professionals through quality, relevant, and innovative instruction,
research, extension, and resource generation

GOALS
1. Academic Excellence
2. Strong research leadership and culture
3. Sustainable extension and community
Engagement
4. Excellent public service and good governance

CORE VALUES
1. Excellence
2. Faith
3. Integrity
4. Service
5. Creativity
6. Cultural Sensitivity

GUIDING PRINCIPLES
P - Participatory decision-making
L - Linkages and resource sharing
E - Effective Information dissemination
A - Active participation of stakeholders
D - Democratic and decentralized planning and implementation
S - Shared decision making and selfless dedication to duty
 COLLEGE OF CRIMINAL JUSTICE
EDUCATION

BACHELOR OF SCIENCE IN CRIMINOLOGY

GOAL
To produce well-rounded graduates who are globally competitive,
morally upright and equipped with excellent knowledge and skills in
the fields of Criminology profession.

OBJECTIVES
1) Lead in the fields of law enforcement, investigation, forensic
science, security services, fire protection, criminal jurisprudence and
correctional administration;

2) Exemplify the values of discipline, integrity, leadership and

accountability in serving fellowmen, community and country;

3) Demonstrate criminological skills through seminar/training and

other immersion activities.

4) Produce criminology-based technologies through quality research

and development undertakings; and

5) Extend community services in various fields of criminology

profession.
 Rights of accused & victims’ welfare in
relation to criminal investigation
CHAPTER I

A. RIGHTS OF THE ACCUSED

Overview, Concepts, and Related Provisions of:
1. Article III, Bill of Rights of the 1987 Phil. Constitution
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order
of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence
obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right
of the people peaceably to assemble and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political
rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as
to government research data used as basis for policy development, shall be afforded the citizen, subject to
such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot
be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat,
intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission
obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law
shall provide for penal and civil sanctions for violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence
of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as
may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all
criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him,
to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly
notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No
involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have
been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or
the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished
by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for
the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
1935 Philippine Constitution, Art. 3 Sec. 17 (1)
“In all criminal proceedings, the accused shall enjoy the right to be heard by himself and the counsel.”
1973 Phil. Constitution, Art. 3 Sec. 20
“No person shall be compelled to be a witness against himself.” that any person under investigation for the
commission of an offense shall have the right to remain silent, to have a counsel and to be informed of such
right. No force, intimidation, or any means, which vitiate the free will shall be used against him. Any
confession obtained in the violation of this section shall be inadmissible as evidence.
1987 Phil. Constitution, Art 3 Sec. 12 (1)
“Any person under investigation of the commission of an offense shall have the right to be informed of his
right to remain silent and to have a competent and independent counsel preferably of his own choice. If the
person cannot afford the services of a counsel, he must be provided with one. These rights cannot be waived
EXCEPT in writing, signed and in the presence of a counsel.
Related Cases:
Miranda v. Arizona (1966)
It originated from the American jurisprudence. Mr. Ernesto Miranda, a Latino who was accused of
kidnapping and rape in the State of Arizona. The Arizona Police interrogated him exhaustedly leading to his
confession. Based on his confession, he was charged, tried and convicted, Appeal of his conviction was made
before the Arizona Supreme Court but his conviction was affirmed. The appeal was then elevated to the US
Supreme Court where there was a reversal of the decision and he was acquitted on constitutional grounds. It
was in this case that the US Supreme Court laid down the constitutional rights of the accused during the
custodial interrogation. This constitutional right was also incorporated in the 1973 Philippine Constitution and
later in 1987 Philippine Constitution. This is known as the “Miranda Rule, Doctrine or Warning.
Rights of a Person under Custodial Investigation are as follows:
1. Right to remain silent. Anything that he/she may say may be used against him/her in any court of
law.
2. Right to have a counsel preferably of his/her own choice and if he/she has none, the government
must provide one for him
3. Right to be informed of the nature of the charges against him and whatever he/she says may be used
for or against him/her; and

TAKE NOTE: These rights could be validly waived in writing and with the assistance of a counsel in order
that the ensuing confession be admissible in evidence. The confession must also be in writing, signed and
sworn to by the accused.
In the Miranda v Arizona case, the court addressed the question on how to enforce a suspect’s right to counsel
and right against self- incrimination. The court concluded that police officers must specifically inform
suspects of these rights and inform them that if they give up these rights their statements can be used against
them.

2. Republic Act No. 7438 (April 27, 1992)

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF:
Section 1. Statement of Policy. – It is the policy of the State to value the dignity of every human being and
guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. –
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains
or investigates any person for the commission of an offense shall inform the latter, in a language
known to and understood by him, of his rights to remain silent and to have competent and
independent counsel, preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation. If such person cannot
afford the services of his own counsel, he must be provided with a competent and independent
counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided
that before such report is signed, or thumb marked if the person arrested or detained does not know
how to read and write, it shall be read and adequately explained to him by his counsel or by the
assisting counsel provided by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise, such investigation report shall be null and void and of no effect
whatsoever.
 (d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation
shall be in writing and signed by such person in the presence of his counselor in the latter's absence,
upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse,
the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the
gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in
any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise, the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any
national non-governmental organization duly accredited by the Commission on Human Rights of by
any international non-governmental organization duly accredited by the Office of the President. The
person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother
or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a
person who is investigated in connection with an offense he is suspected to have committed, without
prejudice to the liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case,
those charged with conducting preliminary investigation or those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less
grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a
capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the province
comprising such municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer
must certify that no funds are available to pay the fees of assisting counsel before the province pays
said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person
can only be detained by the investigating officer in accordance with the provisions of Article 125 of
the Revised Penal Code.
Section 4. Penalty Clause.
(a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person
arrested, detained or under custodial investigation of his right to remain silent and to have competent and
independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a
penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty
of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been
previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such
investigating officer or in his place, who fails to provide a competent and independent counsel to a person
arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford
the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a
person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring
privately with him, or from examining and treating him, or from ministering to his spiritual needs, at any hour
of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4)
years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with custodial responsibility over
any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety
and prevent his escape.
3. Republic Act No. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFORE. It shall be known as
the "Anti-Torture Act of 2009".
 (a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third person
information or a confession; punishing him/her for an act he/she or a third person has committed or is
suspected of having committed; or intimidating or coercing him/her or a third person; or for any
reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a person in authority or agent of a person in
authority. It does not include pain or Buffering arising only from, inherent in or incidental to lawful
sanctions.

 (b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and
aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person
in authority or agent of a person in authority against a person under his/her custody, which attains a
level of severity causing suffering, gross humiliation or debasement to the latter.

 (c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading treatment
or punishment as defined above and any individual who has suffered harm as a result of any act(s) of
torture, or other cruel, inhuman and degrading treatment or punishment.

 (d) "Order of Battle" refers to any document or determination made by the military, police or any law
enforcement agency of the government, listing the names of persons and organizations that it
perceives to be enemies of the State and that it considers as legitimate targets as combatants that it
could deal with, through the use of means allowed by domestic and international law.
4. Republic Act No. 9344
 AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE
SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES. This Act shall be known as the "Juvenile Justice and Welfare Act of 2006." It shall
cover the different stages involving children at risk and children in conflict with the law from
prevention to rehabilitation and reintegration.
5. Republic Act No. 10353
 AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE.
This Act shall be known as the "Anti-Enforced or Involuntary Disappearance Act of 2012″.
 Enforced or involuntary disappearance refers to the arrest, detention, abduction or any other form of
deprivation of liberty committed by agents of the state.
6. Un Convention on Human Rights
 Universal Declaration of Human Rights as a common standard of achievement for all peoples and all
nations, to the end that every individual and every organ of society, keeping this Declaration
 constantly in mind, shall strive by teaching and education to promote respect for these rights and
freedoms and by progressive measures, national and international, to secure their universal and
effective recognition and observance, both among the peoples of Member States themselves and
among the peoples of territories under their jurisdiction. There are at least 30 articles enumerated
rights but the following are the most important to be considered in investigation.
 Article 1
o All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.
 Article 2
o Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of the country or territory
to which a person belongs, whether it be independent, trust, non-self-governing or under any
other limitation of sovereignty.
 Article 3
o Everyone has the right to life, liberty and security of person.
 Article 4
o No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.
 Article 5
o No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
 Article 6
o Everyone has the right to recognition everywhere as a person before the law.
 Article 7
o All are equal before the law and are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.
 Article 8
o Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.
 Article 9
o No one shall be subjected to arbitrary arrest, detention or exile.
 Article 10
o Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against
him.
 Article 11
o Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for
his defense.
o No one shall be held guilty of any penal offence on account of any act or omission which did
not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
the penal offence was committed.
 Article 12
o No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
 Article 13
o Everyone has the right to freedom of movement and residence within the borders of each state.
o Everyone has the right to leave any country, including his own, and to return to his country.
 Article 14
o Everyone has the right to seek and to enjoy in other countries asylum from persecution.
o This right may not be invoked in the case of prosecutions genuinely arising from non-political
crimes or from acts contrary to the purposes and principles of the United Nations.
 Article 15
o Everyone has the right to a nationality.
 o No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.
 Article 16
o Men and women of full age, without any limitation due to race, nationality or religion, have the
right to marry and to found a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
o Marriage shall be entered into only with the free and full consent of the intending spouses.
o The family is the natural and fundamental group unit of society and is entitled to protection by
society and the State.
 Article 17
o Everyone has the right to own property alone as well as in association with others.
o No one shall be arbitrarily deprived of his property.
 Article 18
o Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.

 Article 19
o Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.
 Article 20
o Everyone has the right to freedom of peaceful assembly and association.
o No one may be compelled to belong to an association.
 Article 21
o Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives.
o Everyone has the right of equal access to public service in his country.
o The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage and
shall be held by secret vote or by equivalent free voting procedures.
 Article 22
o Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization
and resources of each State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.
 Article 23
o Everyone has the right to work, to free choice of employment, to just and favorable conditions
of work and to protection against unemployment.
o Everyone, without any discrimination, has the right to equal pay for equal work.
o Everyone who works has the right to just and favorable remuneration ensuring for himself and
his family an existence worthy of human dignity, and supplemented, if necessary, by other
means of social protection.
o Everyone has the right to form and to join trade unions for the protection of his interests.
 Article 24
o Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.
 Article 25
o Everyone has the right to a standard of living adequate for the health and well-being of himself
and of his family, including food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.
o Motherhood and childhood are entitled to special care and assistance. All children, whether
born in or out of wedlock, shall enjoy the same social protection.
 Article 26
o Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
 education shall be made generally available and higher education shall be equally accessible to
all on the basis of merit.
o Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace.
o Parents have a prior right to choose the kind of education that shall be given to their children.
 Article 27
o Everyone has the right freely to participate in the cultural life of the community, to enjoy the
arts and to share in scientific advancement and its benefits.
o Everyone has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.
 Article 28
o Everyone is entitled to a social and international order in which the rights and freedoms set
forth in this Declaration can be fully realized.
 Article 29
o Everyone has duties to the community in which alone the free and full development of his
personality is possible.
o In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as
are determined by law solely for the purpose of securing due recognition and respect for the
rights and freedoms of others and of meeting the just requirements of morality, public order and
the general welfare in a democratic society.
o These rights and freedoms may in no case be exercised contrary to the purposes and principles
of the United Nations.
 Article 30
o Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.

B. WELFARE OF VICTIMS
Overview, Concepts, and Related Provisions of:
1. REPUBLIC ACT NO. 7610
 AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR
OTHER PURPOSES. This Act shall be known as the "Special Protection of Children
Against Abuse, Exploitation and Discrimination Act."
2. REPUBLIC ACT NO. 9262
 AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES. It shall be known as the "Anti-
Violence Against Women and Their Children Act of 2004.
 Under VAWC, a Petition for Protection Order may be filed. A protection order is an order
issued for the purpose of preventing further acts of violence against a woman or her child
specified and granting other necessary relief. The protection orders that may be issued are the
barangay protection order (BPO), temporary protection order (TPO) and permanent protection
order (PPO).
3. REPUBLIC ACT NO. 6981
AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT
PROGRAM AND FOR OTHER PURPOSES
SECTION 1. Name of Act. — This Act shall be known as the “Witness Protection, Security
and Benefit Act”.
 SEC. 2. Implementation of Program. — The Department of Justice, hereinafter referred to as
the Department, through its Secretary, shall formulate and implement a “Witness Protection, Security
and Benefit Program,” hereinafter referred to as the Program, pursuant to and consistent with the
provisions of this Act.
The Department may call upon any department, bureau, office or any other executive agency
to assist in the implementation of the Program and the latter offices shall be under legal duty and
obligation to render such assistance.
SEC. 3. Admission into the Program. — Any person who has witnessed or has knowledge or
information on the commission of a crime and has testified or is testifying or about to testify before
any judicial or quasi-judicial body, or before any investigating authority, may be admitted into the
Program:
 Provided, That:

 a) The offense in which his testimony will be used is a grave felony as defined under the
Revised Penal Code, or its equivalent under special laws;

 b) His testimony can be substantially corroborated in its material points;

 c) He or any member of his family within the second civil degree of consanguinity or affinity
is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed,
forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely,
or evasively, because or on account of his testimony; and

 d) He is not a law enforcement officer, even if he would be testifying against the other law
enforcement officers. In such a case, only the immediate members of his family may avail
themselves of the protection provided for under this Act.

 If the Department, after examination of said applicant and other relevant facts, is convinced
that the requirements of this Act and its implementing rules and regulations have been
complied with, it shall admit said applicant to the Program, require said witness to execute a
sworn statement detailing his knowledge or information on the commission of the crime, and
thereafter issue the proper certification. For purposes of this Act, any such person admitted to
the Program shall be known as the Witness.

SEC. 4. Witness in Legislative Investigations. — In case of legislative investigations in aid of

legislation, a witness, with his express consent, may be admitted into the Program upon the
recommendation of the legislative committee where his testimony is needed when in its judgment
there is pressing necessity therefor: Provided, That such recommendation is approved by the President
of the Senate or the Speaker of the House of Representatives, as the case may be.
SEC. 5. Memorandum of Agreement with the Person to be Protected. — Before a person is
provided protection under this Act, he shall first execute a memorandum of agreement which shall set
forth his responsibilities including:

 a) To testify before and provide information to all appropriate law enforcement officials
concerning all appropriate proceedings in connection with or arising from the activities
involved in the offense charged
 b) To avoid the commission of the crime;
 c) To take all necessary precautions to avoid detection by others of the facts concerning the
protection provided him under this Act;
 d) To comply with legal obligations and civil judgments against him;
 e) To cooperate with respect to all reasonable requests of officers and employees of the
Government who are providing protection under this Act; and
  f) To regularly inform the appropriate program official of his current activities and address.
SEC. 6. Breach of the Memorandum of Agreement. — Substantial breach of the
memorandum of agreement shall be a ground for the termination of the protection provided under this
Act: Provided, however, that before terminating such protection, the Secretary of Justice shall send
notice to the person involved of the termination of the protection provided under this Act, stating
therein the reason for such termination.
SEC. 7. Confidentiality of Proceedings. — All proceedings involving application for
admission into the Program and the action taken thereon shall be confidential in nature. No
information or documents given or submitted in support thereof shall be released except upon written
order of the Department or the proper court.
Any person who violates the confidentiality of said proceedings shall upon conviction be
punished with imprisonment of not less than one (1) year but not more than six (6) years and
deprivation of the right to hold a public office or employment for a period of five (5) years.
SEC. 8. Rights and Benefits. — The witness shall have the following rights and benefits:
 a) To have a secure housing facility until he has testified or until the threat, intimidation or
harassment disappears or is reduced to a manageable or tolerable level. When the
circumstances warrant, the Witness shall be entitled to relocation and/or change of personal
identity at the expense of the Program. This right may be extended to any member of the
family of the Witness within the second civil degree of consanguinity or affinity.
 b) The Department shall, whenever practicable, assist the Witness in obtaining a means of
livelihood. The Witness relocated pursuant to this Act shall be entitled to a financial
assistance from the Program for his support and that of his family in such amount and for
such duration as the Department shall determine.
 c) In no case shall the Witness be removed from or demoted in work because or on account of
his absences due to his attendance before any judicial or quasi-judicial body or investigating
authority, including legislative investigations in aid of legislation, in going thereto and in
coming therefrom: Provided, That his employer is notified through a certification issued by
the Department, within a period of thirty (30) days from the date when the Witness last
reported for work: Provided, further, That in the case of prolonged transfer or permanent
relocation, the employer shall have the option to remove the Witness from employment after
securing clearance from the Department upon the recommendation of the Department of
Labor and Employment.
 Any Witness who failed to report for work because of witness duty shall be paid his
equivalent salaries or wages corresponding to the number of days of absence occasioned by
the Program. For purposes of this Act, any fraction of a day shall constitute a full day salary
or wage. This provision shall be applicable to both government and private employees.
 d) To be provided with reasonable travelling expenses and subsistence allowance by the
Program in such amount as the Department may determine for his attendance in the court,
body or authority where his testimony is required, as well as conferences and interviews with
prosecutors or investigating officers.
 e) To be provided with free medical treatment, hospitalization and medicines for any injury or
illness incurred or suffered by him because of witness duty in any private or public hospital,
clinic, or at any such institution at the expense of the Program.
 f) If a Witness is killed, because of his participation in the Program, his heirs shall be entitled
to a burial benefit of not less than Ten thousand pesos (P10,000.00) from the Program
exclusive of any other similar benefits he may be entitled to under other existing laws.
 g) In case of death or permanent incapacity, his minor or dependent children shall be entitled
to free education, from primary to college level in any state, or private school, college or
university as may be determined by the Department, as long as they shall have qualified
thereto.
 SEC. 9. Speedy Hearing or Trial. — In any case where a Witness admitted into the Program
shall testify, the judicial or quasi-judicial body, or investigating authority shall assure a
 speedy hearing or trial and shall endeavor to finish said proceeding within three (3) months
from the filing of the case.
SEC. 10. State Witness. — Any person who has participated in the commission of a crime
and desires to be a witness for the State, can apply and, if qualified as determined in this Act and by
the Department, shall be admitted into the Program whenever the following circumstances are
present:
 a) the offense in which his testimony will be used is a grave felony as defined under the
Revised Penal Code or its equivalent under special laws;
 b) there is absolute necessity for his testimony;
 c) there is no other direct evidence available for the proper prosecution of the offense
committed;
 d) his testimony can be substantially corroborated on its material points;
 e) he does not appear to be most guilty; and
 f) he has not at any time been convicted of any crime involving moral turpitude.
An accused discharged from an information or criminal complaint by the court in
order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised
Rules of Court may upon his petition be admitted to the Program if he complies with the other
requirements of this Act. Nothing in this Act shall prevent the discharge of an accused, so that
he can be used as a State Witness under Rule 119 of the Revised Rules of Court.

SEC. 11. Sworn Statement. — Before any person is admitted into the Program pursuant to the
next preceding Section he shall execute a sworn statement describing in detail the manner in which
the offense was committed and his participation therein. If after said examination of said person, his
sworn statement and other relevant facts, the Department is satisfied that the requirements of this Act
and its implementing rules are complied with, it may admit such person into the Program and issue
the corresponding certification.
If his application for admission is denied, said sworn statement and any other testimony given
in support of said application shall not be admissible in evidence, except for impeachment purposes.
SEC. 12. Effect of Admission of a State Witness into the Program. — The certification of
admission into the Program by the Department shall be given full faith and credit by the provincial or
city prosecutor who is required not to include the Witness in the criminal complaint or information
and if included therein, to petition the court for his discharge in order that he can utilized as a State
Witness. The Court shall order the discharge and exclusion of the said accused from the information.
Admission into the Program shall entitle such State Witness to immunity from criminal
prosecution for the offense or offenses in which his testimony will be given or used and all the rights
and benefits provided under Section 8 hereof.
SEC. 13. Failure or Refusal of the Witness to Testify. — Any Witness registered in the
Program who fails or refuses to testify or to continue to testify without just cause when lawfully
obliged to do so, shall be prosecuted for contempt. If he testifies falsely or evasively, he shall be liable
to prosecution for perjury. If a State Witness fails or refuses to testify, or testifies falsely or evasively,
or violates any condition accompanying such immunity without just cause, as determined in a hearing
by the proper court, his immunity shall be removed and he shall be subject to contempt or criminal
prosecution. Moreover, the enjoyment of all rights and benefits under this Act shall be deemed
terminated.
The Witness may, however, purge himself of the contumacious acts by testifying at any
appropriate stage of the proceedings.
SEC. 14. Compelled Testimony. — Any Witness admitted into the Program pursuant to
Sections 3 and 10 of this Act cannot refuse to testify or give evidence or produce books, documents,
records or writings necessary for the prosecution of the offense or offenses for which he has been
admitted into the Program on the ground of the constitutional right against self-incrimination but he
shall enjoy immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture
 for any transaction, matter or thing concerning his compelled testimony or books, documents, records
and writings produced.
In case of refusal of said Witness to testify or give evidence or produce books, documents,
records, or writings, on the ground of the right against self-incrimination, and the state prosecutor or
investigator believes that such evidence is absolutely necessary for a successful prosecution of the
offense or offenses charged or under investigation, he, with the prior approval of the Department,
shall file a petition with the appropriate court for the issuance of an order requiring said Witness to
testify, give evidence or produce the books, documents, records, and writings described, and the court
shall issue the proper order.
The court, upon motion of the state prosecutor or investigator, shall order the arrest and
detention of the Witness in any jail contiguous to the place of trial or investigation until such time that
the Witness is willing to give such testimony or produce such documentary evidence.
SEC. 15. Perjury or Contempt. — No Witness shall be exempt from prosecution for perjury
or contempt committed while giving testimony or producing evidence under compulsion pursuant to
this Act. The penalty next higher in degree shall be imposed in case of conviction for perjury. The
procedure prescribed under Rule 71 of the Rules of Court shall be followed in contempt proceedings
but the penalty to be imposed shall not be less than one (1) month but not more than one (1) year
imprisonment.
SEC. 16. Credibility of Witness. — In all criminal cases, the fact of the entitlement of the
Witness to the protection and benefits provided for in this Act shall not be admissible in evidence to
diminish or affect his credibility.
SEC. 17. Penalty for Harassment of Witness. — Any person who harasses a Witness and
thereby hinders, delays, prevents or dissuades a Witness from:
a. Attending or testifying before any judicial or quasi-judicial body or investigating
authority;
b. Reporting to a law enforcement officer or judge the commission or possible
commission of an offense, or a violation of conditions or probation, parole, or release
pending judicial proceedings;
c. Seeking the arrest of another person in connection with the offense;
d. Causing a criminal prosecution, or a proceeding for the revocation of a parole or
probation; or
e. Performing and enjoying the rights and benefits under this Act or attempts to do so,
shall be fined not more than three thousand pesos (P3,000.00) or suffer imprisonment
of not less than six (6) months but not more than one (1) year, or both, and he shall
also suffer the penalty of perpetual disqualification from holding public office in case
of a public officer.
4. Republic Act No. 10364
 Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003, as amended by RA 10364 also
known as the Expanded Anti-Trafficking in Persons Act of 2012.
 What protection is given to trafficked persons?
a. Legal Protection
b. Free Legal Assistance
c. Right to Privacy and Confidentiality
d. Witness Protection Program
e. Victim Compensation Program

 Who may file a complaint?

a. The trafficked person or the offended party
b. Spouse
c. Parents or legal guardians
d. Siblings
 e. Children
f. Any person who has personal knowledge of the offense

Basic concepts and principles of criminal

CHAPTER II investigation

A. Basic Concepts on criminal investigation

Investigation
 Investigation
 Based on etymology: Investigation is a term that came from the Latin word “investigare” which
means “to search into” or Latin “Investigat” which means to search or to inquire”. Investigare
is based on another Latin word, vestigare, meaning “to track or to trace.
 In its simplest connotation:
o Investigation is the systematic and thorough examination and inquiry into something or
someone.
 In more detailed definition:
o Investigation is the systematic and thorough examination or inquiry into something or someone
(the collection of facts and information) and recording of this examination or inquiry in a report
(Dempsey, 2007,p.29).
 In New Webster’s Dictionary (2000 Investigate Investigation
o To search into Careful search
o To examine in detail Examination of something
o To inquire into systematically Systematic inquiry
 Based on Roget’s International Thesaurus (2002), DiscussDiscussion Explore Research
o Thus, investigation is a patient, systematic methodical and detailed inquiry and examination of
all components, circumstances and relationships pertaining to an incident (Peña, 2007, p.1).
Criminal Investigation
 Criminal investigation is an applied science that involves the study of facts, used to identify, locate and
prove the guilt of a criminal. A complete criminal investigation can include searching, interviews,
 interrogations, evidence collection and preservation and various methods of investigation. Modern-day
criminal investigations commonly employ many modern scientific techniques known collectively as
forensic science (Charles E. O'Hara and Gregory L. O'Hara; 1994 as cited in
http://en.wikipedia.org/wiki/Criminal_investigation).
 Criminal investigation is the process of collecting crime-related information to reach certain goals.
This simple definition simple definition has three primary components:
o (1) the process
o (2) crime-related information
o (3) goals (Brandl, 2008, p4).
 From the abovementioned definition, we can say that criminal investigation involves the process of
enforcing the criminal law while applying principles of arts and sciences to know the truth concerning
the commission of a crime. In relation to this, Dr. Hans Gross said that the basis and the goal of any
form of investigation is to search or discover the truth and that truth is the fundamental requirement in
giving justice.
 Criminal investigation is a legal inquiry by virtue of a complaint to follow-up, examine, track and
search, step by step, patient and meticulous observation, the fact of the commission of a crime, the
identity of the actor, and the circumstances attendant thereto by careful evaluation of all available
evidence to the end that the violators of the law be brought to the bar of justice and the innocent be
relieved therefrom.
 Is an activity that collects facts and circumstances to accomplish the three-fold aims of criminal
investigation: (1) to identify; (2) to locate the guilty party; and (3) to provide evidence for his guilt. A
criminal investigation is an official effort to uncover information about a crime. There are generally
ways that a person can be brought to justice for a criminal act. First, and probably the least likely, the
individual will be driven by his/her conscience to immediately confess. Second, an officer of the law
can apprehend him/her in the act. Third, the most common, a criminal investigation can identify a
person as a suspect, after which he may confess or be convicted by trial.
 Criminal investigation is an art, a science and a process. It is an art because it is not governed by rigid
rules or principles and most often, it is governed by; Felicity/inspiration, Intuition & Luck.
 On the other hand, it is claimed that criminal investigation is a science because of the following
reasons:
o Investigation involves a systematic method of inquiry.
o Criminal Investigators primarily apply scientific knowledge, principles and
methodologies in order to discover, identify, collect and process facts and evidences
to promote justice.
o However, use of scientific method must be supplemented by the investigators
initiative and resourcefulness in finding solution of criminal cases.
o The sequence of investigation must follow a scientific operating framework that
requires imagination, innovation and creativeness on the part of the investigator.
 Investigating is a mixture of an art and a science. Investigating is a science because there are
certain rules that should be followed to conduct a successful investigation and because the
pure sciences and applied sciences play an increasingly important role in investigation.
Investigating is considered as an art because it depends on the skills of the investigator,
including interpersonal communication and creativity (Dempsey, 2007, p30).
 Criminal Investigation is also considered as a process because involves the following steps:
a. Identification/Recognition of facts, information, evidence…
b. Collection of facts, Information, evidence...
c. Preservation of forensic value (Legal Integrity)
d. Evaluation, processing of evidence and case
e. Presentation of evidence and criminal case
Goals of Criminal Investigation
1. determine whether a crime has been committed
2. legally obtain information or evidence
3. identify persons involved
4. arrest suspects
5. recover stolen properties
6. present the best possible case to the prosecutor

Objectives of Criminal Investigation

 Seemingly, the obvious goal of criminal investigators is to solve a case by discovering the “whodunit”.
The goal of criminal Investigation is not that simple. (Bennett & Hess, 2004)
  In the PNP setting, as stated in the investigation manual, investigation concerning a crime involves the
process of collecting facts to accomplish a 3-fold aim. Accordingly, the three main OBJECTIVES of
criminal investigation are as follows:
1.To identify the guilty party (Including the offended party, witness/es, relevant facts, information
and evidence;
2.To trace and locate the guilty party;
3.To provide evidence of the criminal guilt.

 About a dozen of more specific things must be accomplished during the course of investigation. Thus,
a criminal investigator is directly or indirectly pursuing the following purposes:
1. Determine whether a crime was been committed (ascertain the Corpus Delicti)
2. Verify if a criminal complaint is bonafide.
3. Legally obtain information and evidence to identify the criminal offender.
4. Arrest the suspect.
5. Reconstruct the crime scene through crime scene investigation.
6. Obtain admission or confession by means of interrogation
7. Recover stolen properties and missing/abducted person.
8. Establish the motive and/or intent of the offender.
9. Determine and analyze the modus operandi of criminals.
10. Determine the gravity of the offense or the extent of damage to the victim (person and
property).
11. Obtain probable cause for the purposes of securing warrant.
12. Present the best possible case to the prosecutor.

THE MAJOR TYPES OF INVESTIGATION

1. FORMAL INVESTIGATION
 Formal investigation refers to official inquiry conducted by a government agency in an effort to
uncover facts and determine the truth. It is usually considered as some form of inquiry concerning of
criminal activity. It is typically done by law enforcement agencies to discover facts concerning a civil
or criminal case.
2. INQUEST
 Inquest is an effort to search the basic cause of an incident such as the commission of a crime. It is
used to describe a form of judicial inquiry. Frequently associated with investigations conducted by
public prosecutors to determine if legal grounds exist in filing criminal information against a person.
The examination conducted by a medico-legal officer as requested by police investigators or the
prosecutors for the purpose of determining the cause of death.
3. INQUISITION
 Inquisition is a more historical description than a current usage to describe any penetrating
investigation concerning a religious issue. The term inquisition is became a disgusting word as a
result of its ruthless application in relation to inquiries done in Europe during the 15 th century to
suppress heretics.
4. PROBE
 Probe is similar to formal investigation, is an extensive, searching inquiry conducted by a government
agency. It is often associated with committees, usually in the form of legislative inquiries.
5. RESEARCH
 Research is the most employed type of investigation refers to the careful, patient investigations done
by scientist or scholars in their efforts to identify original sources of data or causes of problem.
6. INVESTIGATIVE REPORTING
 Relatively speaking, Investigative reporting is a recent type of investigation pursued by the members
of the press on their own initiative. It is designed to satisfy two purposes.
 To attract readers/viewers.
 To get to the roots of the problem.

According to John Dempsey (2007), the categories of investigation are:

1. CRIMINAL INVESTIGATION vs. NON-CRIMINAL INVESTIGATION
CRIMINAL INVESTIGATION NON-CRIMINAL INVESTIGATION

o Usually carried out by the police with the  Involves non-criminal incidents or
goal of prosecuting the person responsible events.
 for the commission of a crime.
o This type of investigation can also be
assigned to private investigators. 
It can be conducted by the public police
or private investigators.
The main difference by the public police and private investigators is that police investigations are
funded by the government, whereas private investigations are funded by individual clients or
business.

2. REACTIVE INVESTIGATION vs. PRO-ACTIVE INVESTIGATIONS

REACTIVE INVESTIGATION
 It is usually initiated on the basis of a complaint filed by the victim or any concerned citizen

 Stages of reactive investigation

a. Preliminary Investigation
 Preliminary investigation is also known as Initial Investigation, which is focused in
identifying the perpetrator/s.
 It is the initial inquiry into a reported crime and is generally conducted by a uniformed
patrol officer. The patrol officer must prepare the first written report of the crime, which
is generally called as complaint or incident report
 The setting is usually at the crime scene is the most critical phase in majority of criminal
investigations.
 A brief review of typical steps of a preliminary investigation is warranted:
o Attend to any existing emergencies, such as injured person or fleeing suspect.
o Secure the scene.
o Measure, photograph, videotape and sketch the scene.
o Search for evidence.
o Identify, collect, examine and process physical evidence.
o Question victims, witnesses and suspects.
o Record all statements and observations in notes or onto tape is vital (Hess &
Wrobleski, 2006).
b. Follow-up Investigation or In-Depth Investigation
 Follow-up investigation is assigned to trained police detectives and usually involves
processing physical evidences, interviewing witnesses, interrogating suspects, conducting
record searches, surveillance operations, and following other investigatory practices.
 Follow-up investigation is also known as Following Investigation or In-Depth
investigation. It is focused eventually in tracing, locating and eventually arresting the
suspect.

c. Concluding Investigation
 Concluding investigation is also called as Final Investigation.
 Focused in evaluating and presenting evidence to prove the guilt of the accused.
 Other Reactive investigative strategies
o Earlier it was noted that time is critical in solving crimes. In most solved homicides, for example,
a suspect is taken into custody within thirty six hours. If a case is not solved within this frame,
the chances of it ever being solved fall drastically (Kepell and Weis, as cited in Brandl, 2008).
As such, caseload and corresponding time pressures often lead to old cases set aside so that new
cases with fresh leads can be investigated. Given the seriousness of some cases, however, it may
not be desirable to suspend or terminate investigative activities on such cases that’s why police
administrators created an alternative means to investigate such cases which involves the creation
of the following.
 Cold case Squads – These are usually assigned to murder and other high-profile crimes.
They allow for “new eyes to be put in old cases.” Regini (1997) describes the operation of
the cold case homicide squad of Washington, DC, Police Department. The squad does not
respond to fresh homicides scenes; rather, all cases that it investigates are at least one year
old and could no longer be worked on by the original investigators because of workload,
time constraints, or lack of leads. Cases assigned to cold-case squads teams of at least one
agent and one detective. In addition, DNA technology has the potential to have a significant
impact on cold-case investigations, especially into crimes that occurred decades ago (Lord as
cited in Brandl, 2008 p. 63).
  Task Forces – In response to high-profile crimes, particularly those that involve several
jurisdictions, investigative agencies may form a task force. Task forces are usually
temporary in nature and bring together representative of agencies to deal with a particular
crime problem. A task force is highly visible response. Task forces are particularly common
in investigating drug trafficking and serial crimes (e.g. serial homicide). By bringing
together representatives from various agencies, task force can enhance cooperation,
communication, evidence sharing, and person-power in attempt to solve, or otherwise
address, the crimes in question (Hayesilip, et al as cited in Brandl, 2008, p. 64).

 THREE CATEGORIES of reactive investigations based on the initial circumstances surrounding

the case according to Jack Kyundall.

a. WALK-THROUGH
 Walk-through is the type of investigation on a case wherein the suspect is easily determined
and located and the detective must only observe the legal guidelines to reach a solution.
b. WHERE-ARE-THEY
 Where-are-they is the appropriate type of investigation to use in the case wherein the suspect
has been tentatively identified but has not been located. The case may have simple solution or
it involves complex mystery.
c. WHODUNIT
 Whodunit or who did it is a case in which no suspects are initially identified. Majority crimes
reported to the police under this category are rarely solved
Proactive Investigation
 Proactive investigation is the category of Investigations which is conducted by the police based on their
own initiative. These are designed to catch a criminal in the act of committing a crime, rather than
waiting until a crime is reported by a concerned citizen.
 May be of the following types;
a. Decoy operations
 Decoy operations are of blending and decoy types. In blending type, officers dressed in civilian
clothes try to blend into an area to catch criminals in flagrante delicto.
 An officer plays the role of potential victim.
 The decoy officer waits to be the subject of a crime while a team of buck-up officers are ready
to apprehend the violator in the act committing the crime.
 Most effective in combating crimes such as robbery, snatching, and other similar forms of theft
(Dempsey, 2007)
b. Repeat Offender Programs (ROPs)
c. Undercover operations
 Covert or undercover, investigations are often controversial but potentially powerful strategies
combat crime problems. Undercover investigations, involves variety of strategies such as
stings and decoys which are powerful and controversial because of their structure.
 Sting perhaps is the most common type, which usually involves an investigator Posing as
someone who wishes to buy (or sell) some illicit goods (such as drugs or sex), or to execute
come other sort of illicit transaction. Once a seller (or buyer) is identified and the particulars of
the illicit transaction are determined, police officers waiting nearby ca execute an arrest. Sting
operations come in multitude of varieties, and over the years the police have used such
strategies in rather imaginative ways (Brandl, 2008, p. 74). Buy-bust operation is a type
commonly used in catching drug-traffickers whereby an undercover officer usually poses as
buyers of illegal drugs. Drug dealers are arrested at some point after the poseur-buyer
purchased drugs from them using marked money. Entrapment on the other hand involves
duping someone who has intentions to commit a crime to execute their plan but upon
consummating the crime, they are arrested right there and then.
 Entrapment is the technique of “inducing an individual to commit a crime but he
or she did not contemplate for the sole purpose of instituting a criminal
prosecution against the offender”.

3. OVERT INVESTIGATION vs. COVERT INVESTIGATION

Overt investigations
 Overt investigation is conducted openly wherein investigators do not try to hide their true identity or
hide the fact that they are conducting an investigation.
 Most reactive investigations are overt.
Covert investigations
 A covert investigation is conducted in secret whereby investigators try to hide their identity and the
fact that he is conducting an investigation.
 Generally, proactive investigations are covert.
 Commonly called as undercover investigations.
 However, these categories of investigation are not mutually exclusive since a criminal investigation
may be reactive as well as overt. Another investigation conducted by the police may be proactive and
covert (Dempsey, 2007, p. 34-35).
Trichotomy of investigation
 To understand further the nature of criminal investigation, three vital elements must be considered.
Macasiano explained that trichotomy of criminal investigation consist of training, tools and
techniques.
1. Training
 Being a critical factor in developing good and competent investigator, this is the key to freedom
from bandage of ignorance. Ignorant person cannot become a competent investigator. Learned
and professional investigators are effective weapons against crimes. This kind of investigator can
be produced through organized training. Their training, however is a dynamic process and it
never ends.
 Effective only on men with self-discipline and prolific minds. Through training, a person can
build his confidence, broaden his vision for professional growth, and strengthen his will to
survive during crisis.
2. Tools
 This is utilized to establish facts and develop evidence, a criminal investigator must use these
tools-information, interview, interrogation, and instrumentation.
 Most dilemmas encountered by detectives are caused by too much reliance only on the tools of
investigation. While information, interview, interrogation, and instrumentation are vital
components of investigation, complete dependence to these usually leads to messy investigation.
Therefore, success of criminal investigation depends on action between investigator’s training
and the tools and techniques he use.
3. Techniques
 The war against crimes today is not won by more men and powerful guns but through modern
but subtle techniques. Some people insist that courtroom battle is won by clash of words and
wealth. Courtroom veterans are aware that once they engage in trial, legal battle of techniques
begins. A criminal investigator with obsolete technique is like a soldier who enters the combat
zone with outdated weapon.
 Essence of tactical strategy in investigation. One secret of successful investigators is they
maintain sympathetic image and project a charismatic personality. Consequently, police
investigators are publicly regarded as friend and not as enemy (Macasiano as cited in King-eo,
2009).
Who is a Criminal Investigator?
 Criminal investigator refers to a public safety officer who is tasked to conduct investigation of all
criminal cases as provided for and embodied under the Revised Penal Code, criminal laws and special
laws which are criminal in nature. A well trained, disciplined, and experienced professional in the
field of criminal investigation
 Criminal investigator may also refer to a person who performs an investigation. Criminal investigator
is also known as PROBER and is considered as the superstar in the process of investigation.
 Criminal investigators are fact-finders since they focus their efforts on facts that are related to
criminal activities. They could be detectives from the government or from the private sector. Some are
even fictitious just like Sherlock Holmes.
 Police investigator
o Police investigator refers to a PNP uniformed personnel both Police Commissioned Officer
(PCO) and Police Non-Commissioned Officer (PNCO’s) conferred with the appropriate
certification to investigate with care and accuracy, by conducting step-by-step examination,
through patient inquiry and meticulous observation, data and other pertinent matters to support
crime theories and establish relevant facts to aid in identifying the offense and criminal offender,
locating him and providing evidence of his guilt leading to the successful filing and prosecution
of the offense. Subject should be a graduate the Criminal Investigation Course (CIC) for PNCO
and the Investigation Officer Basic Course (IOBC) for PCO’s (NAPOLCOM Circular No. 2013-
002).
 Police detective
 oPolice detective refers to a PNP uniformed personnel who was previously certified as police
investigator but was able to complete 18 units of Masters degree, and completed the Police
Detective Course (PDC), and acquired the requisite experience relating to investigation of cases
and appearance in court duties to support the successful filing and prosecution of
offense(NAPOLCOM Circular No. 2013-002.
 Case manager
o Case manager refers to a PCO who was previously certified as Police Investigator (PCO
Category) but was able to complete a Master Degree, completed the investigation Officers
Management Course (IOMAC), recorded the number of required investigation and prosecution
of cases (NAPOLCOM Circular No. 2013-002).

CARDINAL POINTS IN CRIMINAL INVESTIGATION (5 W’S AND 1 H)

 WHEN
 WHERE
 WHO
 WHAT
 HOW
 WHY

When Where Who

 was the crime  did the crime occur?  committed the crime?
committed?  was the evidence  Had a motive to
 Was the crime located? commit the crime?
reported?  are all witnesses now?  Was the victim?
 Was evidence  were all the witnesses?  Saw what happened?
discovered?  do the witnesses live?  Reported the crime?
 Did the first responder  is the suspect?  Might know something
arrived?  was entry made?  Were the first people
 Was the scene  was exit made? on the scene?

What How
Why
 crime was committed?  was the crime
committed?  was the crime
 was the relationship
 did the perpetrator committed?
between the victim and
gain entry?  was the victim
perpetrator?
 did the perpetrator chosen?
 was said and by whom?
depart?  was the location
 evidence might there be?
chosen?
 evidence has been
 were the criminal
discovered?
implements
 was missing
chosen?
 was left?
 was moved?
 While performing his duties, the investigator should be able to ascertain 6 points in his investigation. This
can be done by using 6 recurring questions, otherwise known as 6 cardinal questions:
 When was it committed? – Exact date and time.
 Where was the offense committed? – Location of the crime scene.
 Who committed it? – Identity of suspect/s.
 What specific crime was committed? – The name and designation of the crime.
 How was the offense committed? – Modus operandi.
  Why was it committed? – Motive and intent.

Characteristics of competent criminal investigator

1. Incorruptible honesty and integrity
 Honesty and integrity in spite of temptations.
2. Perseverance
 Persistency in spite of obstacles.
3. Observation and description
 Necessary to become a keen observer.
4. Knowledge on laws
 Basic knowledge on legal matters.
5. Endurance
 Physical and mental energy
6. Courage
 It is the moral fortitude of the investigator to tell the truth irrespective of who gets hurts.
7. Oral and written communication
 Includes used of appropriate words in making report and writing observations and
descriptions of places things and events.
8. The power to read between lines
 The ability to interpret words and phrases.
9. Intelligence and wisdom of Solomon
 To decipher falsehood from truth and separate grain from the chaff.
10. Technical knowledge
 Capability of investigator regarding the use of firearms, defense tactics and the like.
11. Acting activity
 Deal with different types of people.

Motivation:
 Was identified by the National Institute of Justice (NIJ) as the first primary trait of a competent
investigator.
 The reason is obvious that to successfully perform a task, you must have interest in doing it.
 A managerial function.
 It requires the need to inspire others to do a good job. In investigating crimes, you have to work with
because you need the services of others. Thus, you must be able to influence other people to help you
solve a case.
 In another point of view, motivation refers to a driving factor. Take note that bad investigators are
often motivated by “gold shield” high pay, and not having to wear a uniform. On the other hand, good
investigators are motivated by more than the efforts of their superiors or the prestige normally
associated with the job.
 The primary motivation of investigators comes from knowing that his skills will enable him to be
assigned to more challenging, complex, seemingly, insoluble, and interminable cases. For competent
investigators, the more difficult an investigation is, the greater motivation to solve it. Furthermore,
consciously or subconsciously, they are also motivated by knowing that once their ability has been
recognized, they willingly accept high-profile investigation assignments.
 Achieving these purposes is important in determining the truth concerning the criminal case under
investigation. The truth must be revealed because this is the court’s fundamental basis in giving
justice to whom it is due.

Golden rules for criminal investigators

 Upon arriving at the crime scene, criminal investigator/s must observe these golden rules before or
while processing the scene. These rules can be applied to any type of crime scene.
1. Identify, and if possible, retain for questioning the person who first notified the police.
2. Determine the perpetrator by direct inquiry or through observation, if his identity is obvious.
3. Detain all persons present at the crime scene.
4. Summon assistance, if necessary. Assign specific duties to assistants/subordinates, if any.
5. Immediately separate witnesses or suspects for purposes of securing independent statements.
6. Protect the area by giving appropriate orders and by physically isolating it.
7. Permit only authorized people to enter the crime scene boundary.
8. Do not touch or move any object found at the crime scene.
Some authors emphasize the 8 rules as the golden rule of crime scene investigation. This rule has been
rephrased in this manner;
 Never touch, alter, move, or transfer an object at the crime scene unless it was properly
marked, sketched, measured, and photographed.
 This considered dictum that must be observed during crime scene investigation. The purpose of
strictly complying with this is to avoid destruction, mutilation, and/or contamination of physical
evidence found at the crime scene.
 Never (MAC) Mutilate, Alter and/or contaminate physical evidence.

Inquest requirements to be prepared by investigators

Section 1. Concept – Inquest is an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court of the purpose determining whether or not said person should remain under custody and correspondingly
a charged in court.
Sec. 2. Designation of Inquest Officers – The City or Provincial Prosecutor shall charge designate the
prosecutors assigned to inquest duties and shall furnish the Philippine national police (PNP) a list of their
names and their schedule of assignments. If, however, there is only one prosecutor in the area, all inquest
cases shall be referred to him to appropriate action.
Unless otherwise directed of the city or provincial prosecutor, those assigned to inquest discharged
their function during the hours of their designated assignments and only at the police, station / headquarters of
the PNP to order to expedite and facilitate the disposition of inquest cases.
Sec. 3. Commencement and Termination of inquest
 The inquest proceeding shall be considered commenced upon receipt by the inquest officer from the
law enforcement authorities of the complaint / referral documents which should include:
a. the affidavit of arrest
b. the investigation reports
c. the statement of the complaint and witness; and
d. other supporting evidence gathered by the police in the course latter’s investigation of the criminal
incidents involving the arrested or detained person.

The inquest Officer shall, as far as practicable, cause of the affidavit of arrest and statements /
affidavits of the complainant of the witnesses to be subscribed and sworn to before him by the arresting
officer and the affiants.
The inquest proceeding must be terminated within the period prescribe under the provision of article
125 of the revised penal code, as amended.

Definitions of terms related to the criminal investigation

Admission
 Admission refers to the statement made by the suspect during the investigation or a proceeding that
does not directly involve the direct acknowledgement of criminal guilt (Sec 26, Rule 130, REVISED
RULES ON EVIDENCE).
Arrest
 Arrest is the legal taking of a person into custody in order that he may bound to answer for the
commission of an offense. (Sec 1, Rule113, Revised Rules of Criminal Procedure)
Chain of custody or Chain of Possession
 Chain of custody or Chain of Possession refers to record of individuals who maintained control over
the evidence from the time it was obtained by the police until it is presented in court (Hess &
Wrobleski, 2006). The chain of custody must be maintained unbroken from the time of the collection
of the evidence until it is presented in court. This chain (custodians) must be kept to a minimum,
ideally one person. However this is not normally practical in large crime scenes. One must remember
a chain is only as strong as the weakest link. If one person involve in the custodial chain allows the
evidence to become contaminated, altered, misplaced or lost for any period of time, the evidence once
this factor is known, will probably not admitted in court (Peña, 2007,p. 76).
Cold case
 A cold case is a crime or an accident that has not yet been fully solved and is not the subject of a
recent criminal investigation, but for which new information could emerge from new witness
testimony, re-examined archives, retained material evidence, as well as fresh activities of the suspect.
 New technical methods developed after the case can be used on the surviving evidence to re-analyze
the causes, often with conclusive results.
 A cold case as any case whose probative investigative leads have been exhausted. In essence, this
means a case that is only a few months old may be defined as being "cold (National Institute of
Justice, as cited in http://www.nij.gov/journals/260/pages/what-is-cold-case.aspx).
Complaint
 Complaint is a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charged with the enforcement of the law violated.
Crime:
 Crime is an act committed or omitted in violation of public laws forbidding or commanding it.
Felony: Act or omission in violation of the Revised Penal Code.
Offense: Act or omission punishable by existing special penal laws.
Misdemeanor: Act or omission in violation of the city or municipal ordinance. A light felony
or light offense that is punishable by small fine or a short period of imprisonment in jail.
Mala prohibita: (the singular is malum prohibitum) is a term applied to any action is
criminalized strictly by statute and statutory law. The phrase is Latin, and translates as wrong
because it is prohibited.
Mala in se: the Latin term for "wrong in itself," which literally means, that the act is
inherently evil or bad or per se wrongful.
Criminal
 In its criminological sense
 Criminal refers to any rational individual who commits an antisocial act that is
detrimental to the society.
 In its Strict Legal Sense
 Criminal refers to a person who committed an act punishable by existing criminal law
and was tried and convicted of final judgment by a competent court.
 In its Legal Definition
 Criminal refers to any person finally convicted by a competent court in violation of
criminal law.
Criminal information
 Criminal information is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
First Responder
 Typically, first responder is the patrol officer who responds to the initial complaint. His or her duty is
to secure the scene and not to touch anything. The officer begins the initial stages of documentation,
securing and preservation of physical evidence (Dutelle, A. W., 2014).
Crime Scene Investigator/Crime Scene Technician
 Crime Scene Investigator/Crime Scene Technician refers to an individual who could be civilian or
sworn police officer and has an advanced training in the documentation, collection and preservation of
physical evidence. Additional skills might include technical or college training and education in
photography, mapping, crime scene processing, search and seizure laws, and criminal justice
practices. While this person is responsible for processing the crime scene, he or she is rarely involved
with the subsequent analysis of collected evidence, and is not involved with interviewing and
interrogating suspects or witnesses.
 The primary area of concern is the crime scene and associated physical evidence. These may include
conducting examination for fingerprints or performing presumptive test for the presence of blood at
the crime scenes. After documenting, collecting, and properly preserving the evidence, he or she
transports the evidence to the evidence booking location, where it is book in (recorded) and held until
such time that it is needed for analysis or checked out to be transported in court (Dutelle, A. W.,
2014,p. 7).
Criminalists/Forensic Scientist
 Criminalist or Forensic Scientist is responsible for analysis of submitted items of evidence. A
criminalist uses the latest in scientific instrumentation and knowledge to assist with interpreting
the value of the evidence submitted. Usually, he or she will have a four-year degree in chemistry,
biology, or other applied science. It is not duty of criminalist to determine guilt or innocence or to
otherwise investigate the crime. His or her only obligation is the proper interpretation of
submitted evidence, and providing a report on such matters to the detective for final determination
on the investigative value of the evidence (Dutelle, A. W., 2014,p. 8).
Criminal Law
  Criminal law is a branch of municipal or substantive law that defines crimes, establishes punishments,
and regulates the investigation and prosecution of people accused of committing crimes.
Crime Detection
 Crime detection is a part of police operation focused on discovering, identifying and analyzing
evidence that crime has been committed, is being committed, or about to be committed.
Criminalistics
 Criminalistics is the application of natural sciences and their technology to examine physical
evidence that can be used to establish that a crime has been committed and who is/are responsible.
 It involves the study of criminal things, or those physical objects that may explain or give proof to
the commission of crime.
 It can also be defined, as a profession and scientific discipline directed towards the recognition,
identification, individualization, and evaluation of physical evidence by application of the natural
sciences on matters of law and science.
Criminal Jurisprudence
 Criminal jurisprudence refers to the science of laws or the application of laws, particularly criminal
law, to detect and investigate crimes for the purpose of promoting justice.

Circumstantial Evidence
 Circumstantial evidence are facts or events that tends to incriminate a person in a crime, e.g., being
seen running from a crime scene.
Complainant
 Complainant refers to a person requesting an investigation or that action is taken. Complainant is
often the victim of a crime.
Confession
 Confession is the declaration of an accused acknowledging his guilt of the offense charged, or of any
offense necessarily included therein, may be given in evidence against him (Rule 130, sec 33, Revised
Rules on Evidence).

Coroner
 Coroner refers to a public officer whose principal duty is to find and inquire the cause of death
(Random House Kernerman Webster's College Dictionary, 2010).
Corpus delicti
 Corpus delicti is a Latin term which pertains to the body of the crime. The foundation or material
substance of a crime. The phrase corpus delicti might be used to mean the physical object upon
which the crime was committed, such as a dead body or the charred remains of a house, or it might
signify the act itself, that is, the murder or Arson.The corpus delicti is also used to describe the
evidence that proves that a crime has been committed (West's Encyclopedia of American Law, edition
2. Copyright 2008)
 Corpus delicti is refers to the body of the offense; the essence of the crime. It is a general rule not to
convict unless the corpus delicti can be established, that is, until the dead body has been found. Best
on Pres. Sec. 201; 1 Stark. Ev. 575, See 6 C. & P. 176; 2 Hale, P. C. 290.
Custodial investigation
 Custodial investigation involves any questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of action in any significant way.   It
is only after the investigation ceases to be a general inquiry into an unsolved crime and begins to
focus on a particular suspect, the suspect is taken into custody, and the police carry out a process of
interrogations that lends itself to eliciting incriminating statements that the rule begins to operate
(People vs. Marra, 236 SCRA 565).
 As provided for in Sec. 2, R.A. 7438, it includes the practice of issuing an "invitation" to a person
who is investigated in connection with an offense he is suspected to have committed.  This shall be
without prejudice to the liability of the "inviting" officer for any violation of law.
Deposition
 Deposition is a written record of evidence given orally and transcribed in writing in the form of
questions by the investigator and answer of the deponent and signed by the latter (Catalino, M.G. et
al, 2011).
Doctrine
 Doctrine refers to a codification of beliefs or a body of teachings or instructions, taught principles or
positions, as the body of teachings in a branch of knowledge or belief system ((Random House
Kernerman Webster's College Dictionary, 2010).
Evidence
 Evidence is something that gives a sign or proof of the existence or truth, or that helps somebody to
come to a particular conclusion.
 Evidence is the means sanctioned by law of ascertaining in a judicial proceeding the truth respecting a
matter of fact. (Sec.1, Rule 128, Revised Rule of Criminal procedure).
Facial Composite
 Facial composite is a graphical representation of an eyewitness memory of a face, as recorded by a
composite artist. Facial composites are used mainly by police in their investigation of (usually
serious) crimes (Frowd, C. D.; et al, 2010).
Fence
 Fence refers to a person who receives and disposes of stolen property on a regular basis.
Fact
 Fact is something that can be shown to be true; to exist, or to have happened.
 It is an action, an event, a circumstance or an actual thing done.
 It can be explained further by distinguishing it from inference and opinion.
 Inference
 Inference is a process of reasoning by which a fact maybe deduced. It is a conclusion
drawn from evidence or reasoning.
 Opinion
 It is a personal belief.
Factum Probans - The evidentiary fact or the fact by which the factum probandum is to be
established.
 Materials which establish the proposition.
Factum Probandum – ultimate fact or the fact sought to be established
Field Identification
 Field identification is also known as on-the-scene identification of a suspect by the victim of a crime
or witness to a crime, conducted within minutes of the commission of a crime.
Field Inquiry
 Field Inquiry is the unplanned questioning of a person who has aroused a police officer’s suspicions.
It is not arrest but it could lead to one. Field inquiries also referred to as field contacts, and a card on
which the information is recorded is called field contact card.
Prejudice
 Prejudice is an opinion or leaning adverse to anything without just grounds or before obtaining
sufficient knowledge.
Modus Operandi (MO)
 Modus operandi (plural modi operandi) is a Latin phrase, approximately translated as "method of
operation". The term is used to describe someone's habits of working, particularly in the context of
business or criminal investigations. In English, it is often shortened to M.O.
 The expression is often used in police work when discussing a crime and addressing the methods
employed by the perpetrators. It is also used in criminal profiling, where it can help in finding clues
to the offender's psychology. It largely consists of examining the actions used by the individual(s) to
execute the crime, prevent its detection and/or facilitate escape. A suspect's modus operandi can assist
in his identification, apprehension, or repression, and can also be used to determine links between
crimes (McGraw-Hill, 2008).
 A method of procedure; especially:  a distinct pattern or method of operation that indicates or
suggests the work of a single criminal in more than one crime
(http://www.merriam-webster.com/dictionary/modus%20operandi).
Ordinary witness
 Ordinary witness refers to any person who perceived the commission of the crime and testified before
the court.
Proof beyond a reasonable doubt
 Proof of such a convincing character that you would be willing to rely and act upon it without
hesitation in the most important of your own affairs. However, it does not mean an absolute certainty.
Probable Cause
 Evidence that warrants a person of reasonable caution in the belief that a crime has been committed.
Rapport
 Rapport is a feeling of ease and harmony in a contact or relationship between people.
Reasonable Doubt
  The level of certainty which a juror must have to find a defendant guilty of a crime. A real doubt,
based upon reason and common sense after careful and impartial consideration of all the evidence, or
lack of evidence, in a case.
Search warrant
 Search warrant is an order in writing issued in the name of the people of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for personal property described
therein and to bring it before the court. (Sec. 1, Rule 126 of the RPC)
Seizure
 Seizure refers to the confiscation of property by an officer with legal authority to do so. In criminal
investigation, it is the logical consequence of search.
Statement
 Statement refers to a legal narrative description of events related to a crime.
Suspect
 Suspect refers to a person considered to be directly or indirectly connected with a crime, either by
overt act or by planning and/or directing it.
Warrant of arrest
 Warrant of arrest is an order in writing issued in the name of the people of the Philippines, signed by a
judge and directed to a peace officer, commanding him to take a person into custody in order that he
may bound to answer for the commission of an offense. (Sec. 1, Rule 126 of the RPC)
Witness
 Witness refers to a person who saw a crime or some part of it being committed or who has relevant
information.
 Tools in criminal investigation
CHAPTER III (the 4i’s of investigation)

Tools of Investigation (4 I’s of Criminal Investigation)

1. Information
o Information refers to the data needed in the course of investigation. This allows investigators to
gather facts needed to solve the case as this is considered as the lifeblood and essence of
investigation.
o Information also pertains to knowledge or facts which the investigator had gathered or acquired
from persons or documents, which are pertinent or relevant concerning the commission of the
crime or criminal activities.

o Sources of information
1. Regular Sources information are taken from records, files from the government or non-
government agencies and news items
2. Cultivated sources - information are furnished by informants and informers.
3. Grapevines sources - information disclosed by the underworld characters such as prisoners
or ex-convicts.
o Based from the Directorate for Investigation and Detective Management (DIDM) Manual
Information refers to Data gathered by an investigator from other persons including the victim
himself and from:
 1. Public records;
 2. Private records; and
 3. Modus Operandi file.

2. Interview
o As applied in criminal investigation, it refers to the simple and friendly questioning of a person
who has knowledge relevant to the crime or case under investigation.
o The person being questioned is usually ready, willing and able to talk freely. He willingly
provides information how a criminal incident took place thus offering testimony in his own
manner and wordings.
o It is the first and foremost method in obtaining information. In most cases, a great part of the
investigators time is devoted in questioning people who possess significant information
concerning a criminal case.
THE GOLDEN RULE IN INTERVIEW
o Never conduct (or let anyone conduct) an interview if the interviewer has not gone to the crime
scene.
o Questions during the interview should agree with the facts and conditions at the crime scene. If
the interviewer did not personally see the crime scene, his questions will be inconsistent. Since
the questioning process is not systematic, the interviewer might not be able to distinguish half-
truths, exaggerations or falsehood from the answers of the person being interviewed. (Garcia,
2004).

3. Interrogation
o It is the aggressive and confrontational questioning of a person about his participation in a crime.
o The subject maybe a suspected offender or a person who is reluctant or unwilling to make a full
disclosure of information in his possession which is pertinent to the investigation of a criminal
case.
 o It is an art employed in questioning suspects for the purpose of getting specific information which
could be in the form of admission or confession about the commission of a felony or offense.
o It is a formal questioning whereby aggressive and accusatory questions can be asked to the
subject.
o In practice, it can be used in questioning hostile witnesses.
o Police investigators cannot learn proper interrogation by merely reading books. The success of
interrogation depends on its legality, topic, physical insight, and experience.
o One aspect of investigation where there is strict observance of Miranda doctrine.
SPECIFIC INTERROGATION TECHNIQUES
o Emotional Appeal
 Investigator is an actor & psychologist
 Appeal to the emotion of the suspect until he confesses.
 Applicable to 1st time offender, emotional person, nervous
o Sympathetic Approach
 Dig first into past troubles, unfortunate events in the life of suspect
 Offer help, kindness, and friendship to win his cooperation.
o Friendly Approach
 Create a pleasant and welcoming atmosphere
 Show sincerity to induce the suspect in confessing
o Tricks and Bluffs
 The pretense of solid evidence against the accused
 The weakest link
 Drama
 Feigning contact with the family members
 The line up
 The reverse line up
o Stern approach – play strict and uncompromising personality
 Pretense of physical evidence
 Jolting
 Indifference
 Feigning protection and consideration
 Giving opportunity to lie
 Mutt and Jeff method (Sweet and sour technique)
 Removing the ethnic or cultural barriers
 Searching for the soft spot
o Other modern approaches
 Rationalization
 Projection – Projecting blame to others
 Minimization – mitigation, extenuation

4. Instrumentation
 The application of instruments and methods in arts and physical sciences to detect and investigate
crimes.
 It is the sum total of the application of all arts and sciences in crime detection and investigation.
 it is more than criminalistics since it includes all the scientific and technical method, including
arts, by which perpetrators of crimes maybe traced, identified, located and thereby apprehended.
 it covers criminalistics
 The setting is not only confined in the laboratory but also outside the crime laboratory.
FORENSIC SCIENCE vs. CRIMINALISTICS
Forensic science and Criminalistics are often used interchangeably.
Forensic Science
 It is more general term that refers to the field of science applied in answering legal
questions.
 It is the examination, evaluation and explanation of physical evidence related to crime
through the application of scientific principles. (Caplan and Anderson, 1984)
 It is the application of science to criminal and civil laws that are enforced by law
enforcement agencies in our criminal justice system. (Saferstein, 2004)
Criminalistics
 It more descriptive than forensic science for describing the services of a crime laboratory.
 It is actually one of the branches of forensic science.
  However, for all intents and purposes of this study, these two terms can be used
interchangeably to simplify the discussion in this chapter.
WHEN CRIMINALISTICS CANNOT BE USED IN THE INVESTIGATION
 Relatively speaking, when there is no physical evidence recovered or found at the crime scene or from
any other place or persons that the crime laboratory technicians can work on to help the investigators to
solve the case, criminalistics is impractical to use.
AREAS OF CRIMNALISTICS USUALLY USED BY POLICE OFFICERS
 Analyzing the various fields of criminalistics, we can say that these are grouped into two major areas.
1. Scientific Areas (Natural Sciences)
a. Forensic Chemistry
b. Forensic Physics
c. Forensic Biology
2. Technological Areas
a. Forensic Dactyloscopy of Fingerprinting
b. Forensic Ballistics and Firearms identification
c. Questioned Document Examination
d. Forensic Photography

Nature, concepts and principles of

CHAPTER IV intelligence

What is Intelligence?
 Intelligence means the collection, processing, collation, interpretation, evaluation, and
dissemination of information with reference of National security (Government Survey
Reorganization Commission Task Force).
  Intelligence is the end product resulting from the collection, evaluation, analysis, integration
of all available information which may have immediate or potential significance to the
development and execution of plans, policies and programs. The product resulting from the
collecting of information concerning an actual and potential situation and condition relating to
foreign activities and foreign or enemy held areas. Processed information. The product
resulting from the collection, evaluation, analysis, integration and interpretation of all
available information concerning specific are of interest. (Dictionary of Military
Terminologies).
OBJECTIVE OF INTELLIGENCE
 The fundamental objective is to ensure rational and timely decision-making.
Information vs. Intelligence
Information (in connection to intelligence) is a “raw data” this simply implies that in the aspect of
intelligence, information are just pieces or its part. These pieces of information are useless without
being analyzed and evaluated so that they can be disseminated and use by appropriate person.
information also pertains to an evaluated material of every of every description including those
derived from observation, reports, rumors, imagery and other sources from which the intelligence is
derived. It is also defined as the network of data which can be linked or grouped in order to obtain a
concrete and reliable information base on the prevailing need or as the need arises.
Intelligence refers to collated, analyzed and evaluated information appropriately acquired for
particular purposes. Intelligence also defined as information or data that has been collected, analyzed
and refined so that it is useful to policy makers in making decisions about potential in making
decisions about potential threats to the safety of people and national security.

COMPARATIVE ILLUSTRATION OF INFORMATION AND INTELLIGENCE

INFORMATION INTELLIGENCE
• Criminal history and driving records • A report by an analyst that draws
• Offense reporting records conclusions about a person's
• Statements by informants, criminal liability based on an
witnesses, and suspects integrated analysis of diverse
• Registration information for motor information collected by
vehicles, watercraft, and aircraft investigators and/or researchers
• Licensing details about vehicle • An analysis of crime or terrorism
operators and professional licenses trends with conclusions drawn
of all forms about characteristics of offenders,
• Observations of behaviors and probable future crime, and optional
incidents by investigators, methods for preventing future
surveillance teams, or citizens crime/terrorism
• Details about banking, investments, • A forecast drawn about potential
credit reports, and other financial victimization of crime or terrorism
matters based on an assessment of limited
• Descriptions of travel including the information when an analysts uses
traveler(s) names, itinerary, past experience as context for the
methods of travel, date, time, conclusion
locations, etc. • An estimate of a person's income
from a criminal enterprise based on
a market and trafficking

c. Diverse information collected for intelligence analysis

 SURVEILLANCE

INFORMANT TRAVEL
INFORMATION RECORDS

COLLECTIVELY
WHAT DOES ALL OF
THIS MEAN? WHAT
DOES IT TELL YOU?

DUMPSTER CCTV VIDEO

DIVING TAPES

BANKING
TRANSACTIONS

 Aside from what is present above, the following can also be included in the analysis:
o Undercover
o Documentary evidence
o Forensic evidence
o Pen registers

The Intelligence Community

 Intelligence community refers to the agencies or organizations of the government which have
intelligence interest and responsibilities and are more coordinated by the NICA in their intelligence
activities.
 The National Intelligence Coordinating Agency (NICA) is the primary intelligence gathering and
analysis arm of the Philippine government, in charge of carrying out overt, covert, and clandestine
intelligence programs. The NICA cooperates with friendly countries and government agencies in and
out of the country by posting agents as liaison officers. The agency is led by a director-general and is
assisted by deputy director general. The former reports directly to the president. The NICA has a
National Intelligence Board that serves as an advisory board to the director-general before he would
submit his findings to the president relating to national security matters affecting the Philippines.
Major Intelligence Agencies in the Philippines
1. National Intelligence Coordinating Agency (NICA)
 It is the primary intelligence gathering and analysis arm of the Philippine government, in
charge of carrying out overt, covert, and clandestine intelligence programs. The NICA
cooperates with friendly countries and government agencies in and out of the country by
posting agents as liaison officers.
2. Philippine National Police (PNP)
a. D2- Directorate for Intelligence
b. R2- Staff Officer for intelligence
c. Regional Intelligence Unit
d. Police Districts Intelligence Divisions
3. . Armed Forces of the Philippines (AFP)
a. The Office of the Deputy Chief of Staff for Intelligence, J2, Armed Forces of the
Philippines;
b. The Office of the Assistant Chief of Staff, G2, Philippine Army;
 c. The Office of the Assistant Chief of Staff, A2, Philippine Air Force;
d. The Office of the Assistant Chief of Staff, N2, Philippine Navy;
e. The Intelligence Service of the Armed Forces of the Philippines;
f. The Counter-intelligence Command, Armed Forces of the Philippines;
Other Government Agencies
a. NBI
b. Anti-smuggling Action Center
c. Central Bank of the Philippines
d. Bureau of Customs
e. Bureau of Immigration – Department of Justice
f. Department of Foreign Affairs
g. Presidential Task force
h. Philippine Drug Enforcement Agency (PDEA)
Intelligence Schools
a. J2/ISAF – Special Intelligence Training School
b. G2 – Military Intelligence Training School
c. N2 – Naval Intelligence Training School
d. A2 – Air Intelligence Training Center
e. PNP – Intelligence Training Group
World’s Notable Intelligence Agencies
1. SOVIET INTELLIGENCE
a. Military of Intelligence & the Ministry of the State Security
 It is concerned on Political espionage activities of foreign communist countries.
b. KGB (Komitetor Komissija Goudartsvennoy Bezopasnasti)
 It is the official secret police agency of the Soviet Union in charge of the state security
(Commission of the State Security).
2. British Intelligence System
a. British Military Intelligence
 It is divided into 20 different departments.
b. M15
 Devoted to counter espionage and security.
c. Special Branch of Scotland Yard
 It is charged with guarding the Royal family and Important British Officials and
visiting foreign dignitaries.
3. Israel Intelligence System
a. Mossad
 In charge of the National Intelligence. The number one Intelligence Agency entire in
whole world. It is considered as the most reliant on accurate intelligence.
 Central Institute for Intel and Security. (MOSSAD- short for HaMossad leModi’in
uleTafkidim Meyuhadim)- conducts external espionage and also performs covert
operations abroad.
 Motto
 Mossad's former motto, (Hebrew: is a quote from the Bible (Proverbs 24:6): "For by
wise guidance you can wage your war" (NRSV). The motto was later changed to
another Proverbs passage: Proverbs 11:14). This is translated by NRSV as: "Where
there is no guidance, a nation falls, but in an abundance of counselors there is safety
b. Aman
 Concerned with military Intelligence.
c. Shinbet
 Concerned with Internal Security.
IIC
 Israel Intelligence agency- Report to the prime minister.
4. United States of America Intelligence System
 a. The National Security Agency (NSA) is a national-level intelligence agency of the United
States Department of Defense, under the authority of the Director of National Intelligence.
The NSA is responsible for global monitoring, collection, and processing of information and
data for foreign and domestic intelligence and counterintelligence purposes, specializing in a
discipline known as signals intelligence (SIGINT). The NSA is also tasked with the
protection of U.S. communications networks and information systems. The NSA relies on a
variety of measures to accomplish its mission, the majority of which are clandestine.

b. The Central Intelligence Agency (CIA) known informally as the Agency and the
Company, is a civilian foreign intelligence service of the federal government of the
United States, officially tasked with gathering, processing, and analyzing national
security information from around the world, primarily through the use of human
intelligence (HUMINT). As a principal member of the United States Intelligence
Community (IC), the CIA reports to the Director of National Intelligence and is primarily
focused on providing intelligence for the President and Cabinet of the United States.

c. Federal Bureau of Investigation (FBI) -The Federal Bureau of Investigation (FBI) is the
domestic intelligence and security service of the United States and its principal federal law
enforcement agency. Operating under the jurisdiction of the United States Department of
Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the
Attorney General and the Director of National Intelligence.[3] A leading U.S. counter-
terrorism, counterintelligence, and criminal investigative organization, the FBI has
jurisdiction over violations of more than 200 categories of federal crimes.

World’s Famous Intelligence Principle

 “IF YOU KNOW YOUR ENEMY AND YOU KNOW YOURSELF, YOU NEED NOT FEAR THE
RESULTS OF HUNDRED OF BATTLES. IF YOU KNOW YOURSELF BUT NOT THE ENEMY,
FOR EVERY VICTORY YOU WILL SUFFER DEFEAT. IF YOU KNOW NEITHER YOURSELF
NOR THE ENEMY, YOU ARE FOOL WHO WILL SUFFER DEFEAT IN EVERY BATTLE” (SUN
TZU).
  What is called foreknowledge cannot be elicited from spirits, or from gods, or from analogy to the past
events nor from calculations. He wrote “It must be obtained from men who know the enemy situation.”

Counter Intelligence
Counter Intelligence – is a type of intelligence employed to protect the interest and safeguard lives,
property, and important information against possible entry or infiltration of enemy forces from being
lost, destroyed or stolen. In police parlance, this includes denying and blinding the enemy about
police operation as well as giving the police officer the opportunity to gather information without
being detected. This is also the phase of intelligence covering the activity devoted in destroying the
effectiveness of hostile foreign activities and the protection of information against the following:
OBJECTIVES OF COUNTER-INTELLIGENCE
1. Prevent espionage, sabotage, subversion, disaffection, treason or sedition.
2. Security of government, military and police offices, or installation.
3. Deny enemy of any knowledge pertaining to classified documents and or information.
4. Aid activity to achieve surprise against criminal and subversive plans and activities,
5. Detect possible disaffection, reason, or sedition within the own forces:
1. Espionage – refers to the stealing of vital information either physical or in electronic
form.
2. Subversion – the recruitment of a person who is working within an organization or
employment of any person to an organization who will work secretly in an attempt to
undermine or overthrow its current system.
3. Sabotage – refers to the stealing of property or destruction of any material in order to
hamper or cause delay in the preparation or regular working duties.
 4. Disaffection - a state or feeling of being dissatisfied with the people in authority and
no longer willing to support them.
5. Treason – disloyalty to one’s own country by giving away or selling its secret to the
enemy or by trying to overthrow it.
6. Sedition – is any action promoting or inciting discontent or rebellion against a
government. Varied activities of Counter Intelligence:
a. Detection. It is the process of knowing the clandestine operation of the enemy.
b. Prevention. It is the application of counter-intelligence operation to avoid enemy
activities.
c. Neutralization. This necessarily requires the containment of enemy activities.

Measures for effective Counterintelligence

a. Passive- Defensive – counterintelligence measures that seek to conceal information from
the enemy. Example: secrecy discipline, communication security, concealment, camouflage
b. Active -Offensive – CI measures that seek to actively block enemies, attempt to gain
information or block enemies effort to engage in espionage, sabotage or subversion. This
includes detection, prevention and neutralization.

Broad categories of Counter Intelligence operations

a. Police Security – measures taken by the police or any other law enforcement agencies or
the armed forces to protect them against espionage, enemy observation, sabotage, or
subversion, or the spearheading elements of surprise. The measures include Secrecy
discipline, Special safeguarding of classified information or equipment, Security of troop
movement, Special handling of evaders and escapees, Counter subversion within the police
service, Tactical measures in combat areas.
b. Civil Security – this encompasses active-offensive and passive-defensive counter
intelligence affecting the non-military or foreign nationals permanently or temporarily
residing in an area under military or police jurisdiction.
Examples: Systematic registration of civilians & aliens, control of circulations, curfew,
surveillance of suspected political org, Security screening of labor, Issuance of passes &
permits,
c. Special Operation – use of active Counter Intelligence techniques while conducting
clandestine or covert operation against hostile and enemy intelligence organization or agency
it covers:
1) Counter terrorism
2) Counter sabotage
3) Counter espionage
4. Counter subversion

d. Port Frontier and Travel Security – this is the application of police & civil security
measures for Counter Intelligence control at points of entry & departure international
boundaries, It includes responsibility for security control of seaports & frontiers
Example: Security screening & control of frontier Security control of merchants, seaman &
crew of commercial aircraft, Security control of frontier crossing point, security control of
seaports.
e. Censorship – control and examination of communication to prevent transmission of
information that may fall into the hands of the enemy and to collect and disseminate
information of intelligence value to those who need it, in appropriate and suitable manner.
● National censorship – the total control and examination of communication of the entire
populace, purposely to prevent unusual dissemination of information and intelligence to the
enemy's hands.
● Military censorship - control and examination of communication intended for and coming
from the military/police sources
● Civil censorship – intended or coming from civilian populace.
● Field Press censorship – security review of news materials and other information.
 ● Prisoner of War censorship – control and examination of communication intended to and
from the Prisoner of War (POW) and civilian internees (internee is someone from the enemy
side held as a prisoner while the war is going on).

Areas of police intelligence

1. Criminal Intelligence (CRIMINT) - refers to the knowledge essential to the prevention of crimes and the
investigation, arrest and prosecution of criminal offenders.
2. Internal Security Intelligence (INSINT) -refers to the knowledge essential in the maintenance of peace and
order.
3. Public Safety Intelligence (PUSINT)- refers to the knowledge essential in ensuring the protection of lives
and properties.
Typology of Police Intelligence
1. Strategic Intelligence- a type of intelligence that is long range in nature and requires a longer period of time
before being materialized and fully available. It is an intelligence data that is not of immediate value. It is
usually descriptive in nature., accumulation of physical description of personalities and modus operandi. It
does not have immediate operational value but rather long range that may become relevant to future police
operations.
2. Line intelligence- is a type of intelligence that is immediate in nature and can be available or develop within
a short period of time. It is the kind of intelligence required by the commander to provide for planning and
conduct tactical and administrative operations in counter insurgency. This includes knowledge of People,
Weather, Enemy and Terrain (PWET)
People -includes the living condition of the people, sources of income, their education, government, livelihood
projects and the extent of enemy influence to the people.
Weather - refers to the visibility, cloudy, temperature, precipitation (rain) or windy of the climate. Enemy -
this refers to the study of location, strength, disposition, tactical capability, and vulnerability of the enemy.
Terrain includes relief and drainage system, vegetation, surface material, man-made features and some
military aspects of terrain which includes over and concealment, obstacle, critical key terrain features,
observation and fields of fire, and avenues of approach.

The intelligence cycle

CHAPTER V
INTELLIGENCE CYCLE

Intelligence cycle - is a process of obtaining information which includes proper procedure and sequence of
steps starting from planning, collection, collation and dissemination of a processed information to appropriate
persons. Intelligence cycle is important as it provides the necessary details in attaining the mission.
Mission =The focal point of the intelligence operation; a particular task given to a person or group to carry
out; or one which should be accomplished. It is considered as the heart of the intelligence cycle.

INTELLIGENCE CYCLE

PLANNING AND SUPERVISION

PLANNING AND SUPERVISION

B. PHASES OF THE INTELLIGENCE CYCLE

PHASE 1 – DIRECTING COLLECTION EFFORT

 In this phase, the Intel Staff Officer or Unit commander determines the required or important
information relevant to mission. Then these requirements will be distributed to the different
collection agencies by direction or by request.

1. Determination of the intelligence requirements.

Categories of intelligence requirements in relation to use:
a. Executive
b. Contributory
c. Operational
d. Collateral
Categories of intelligence requirements by type:
a. Basic
b. Current
c. Estimative Intelligence

2. Determination of the essential elements of information (EEI)

EEI
 An item of intelligence or information of the characteristics of the area of operations and the enemy,
which the commander feels needed before he can reasonably arrive at a decision.
 These are evaluation based on the existing situation, current domestic and foreign situations, national
objectives, etc. In here, there is no set formula but judgment and experience are necessary.
3. Establishment of priorities (P.I.R’s)
  This is necessary to decide which items of information are more important – a system of priority is
needed; critical importance and lesser importance; EEI – highest priority intelligence requirements
essential to planning.

PHASE 2 – COLLECTING THEINFORMATION

 In this phase, the collecting agency determines what specific information is to be collected, by whom
and from whom. After the collecting activity is carried out, the collected information is then submitted
for processing.
1. Criteria or Collecting Agencies/Units:
a. Capability
b. Balance/Suitability
c. Multiplicity
2. Two basic Collection Strategies:
a. Resource integration – one agent
b. Agent Mixed Redundancy – 3 or more agents assessing for the same assignment
3. Collecting Agencies:
a. Government agencies/offices – variety of information
b. intelligence units/agencies
c. organizations
4. Who is Task to Collect Information?
a. Intelligence officers/agents – regular members
b. Civilian agents – informers and informants
c. Assets – establishment of institution which assists in providing information
6. Methods of Collection
a. overt – open
b. covert – secret
7. Trade Crafts or Instruments Used in the Collection
a. photography
b. surveillance
c. elicitation
d. interview/interrogation
e. personnel security investigation
f. sound equipment – tapping and bugging
g. use of an artist
h. surreptitious entry
i. communication
8. COLLECTIONPLANNING
 The continuous process which ultimately coordinate and integrate the efforts of all collecting
Agencies/Units.

STEP COMPRISING COLLECTION PLAN

a. Planning and supervision of collection efforts/activity
b. Determination of intelligence priorities.
c. Selection of collecting Agencies
d. Supervision of the collection activities (a.k.a. directories)
What to consider in collection planning?
a. Personality
 Persons involved suspects, social status, etc.
b. Organization
 Group committing the crime: Kuratong Baleleng, Pentagon, etc.
c. Resources/Equipment
 Used in committing the crime i.e., firearms.
 d. Activity
 Modus operandi/crime activities, time attack, victims, place of attack, etc.

PHASE 3 – PROCESSING THE COLLECTED INFORMATION

1. Recording
 The reduction of information into writing or some other form of geographical representation
and the arranging of this information into groups of related items.
2. Evaluation
 The determination of the pertinence of the information to the Operation reliability of the
source or of the agency the accuracy of the information; or examination of raw information
to determine intelligence value.

Evaluation to Determine:
a. Pertinence (usefulness)
 Does it hold some value to current operation? Is it needed? Immediately?
b. Reliability (dependable)
 Judging the source of information
c. Credibility (truth of information)
 Is it possible for the reported fact or event to have taken place? Is the report is consistent
within itself? Is the report is confirmed or corroborated by information from different
sources or agencies? If the report does not agree with information from other sources, which
one is more likely to be true?
3. Interpretation
 It is establishing the meaning and significance of information. It involves the following:
a. Analysis
 The determination of significance of information relative to the information
and intelligence already known and drawing deductions about probable
meaning of the evaluated information. It is done by shifting and isolating
those elements that have significance in light of the mission or national
objective.

b. Integration
 It is combination of the elements stated in assessment with other known
information or intelligence to form a logical feature or hypothesis for enemy
activities or the information of the operational area and characteristics of the
omission of the command.
c. Deduction
 The formulation of conclusions from the theory developed, tested and
considered valid; determination of effort and meaning of the information.

EVALUATIOIN GUIDE

RELIABILITY OF ACCURACY OF SOURCES OF INFORMATION

IFORMATION INFORMATION
 A– Completely 1–Confirmed by T– Direct observation by the commander and chief of
reliable other sources a unit
B– Usually 2– Probably true U– Reports by penetration agent or resident agent
reliable V–Report by PNP/AFP troops involved in encounter
C– Fairly reliable 3–Possibly true W– Interrogation of captured enemy agent/foreigner
D– Not usually 4–Doubtfully true X–Observation of government and civilian employee
reliable 5 –Improbable or official
E–Unreliable 6–Truth cannot be Y– Observation by a member of the populace
F--Reliability judged Z - Documentary
cannot be judged

PHASE 4 – DISSEMINATION AND USE

 Final phase of the cycle. Processed information is disseminated to the agency, unit or command to
effect or implement the mission. Dissemination is through:

Criteria of Dissemination:
1. Timeliness
2. Propriety
 The message must be clear, concise and complete, as well as in the proper form for the
receiver to readily understand its contents. It must be disseminated to the correct user,
presented in a form that leads itself to immediate use and distributed by the most effective
means appropriate to the both time and security requirements.
Methods of dissemination:
1. Fragmentary orders from top to bottom of the command.
2. Memorandum, circulars, special orders, etc.
3. Operations order, oral or written.
4. Conference – staff members.
5. Other report and intelligence documents.
6. Personal contact

Users of intelligence:
1. National leaders and military commanders
 Formulation and implementation of national policies.
2. Advisors and staff
 Preparations of plans and estimates.
3. Friendly nations and other branches of armed forces.
4. Processor
 Basis for evaluation and interpretation

FUNDAMENTAL OF CRYPTOGRAPHY, ENCODING AND DECODING

A. DEFINITION OF TERMS:
1. Cryptography
 Study/science of encoding information in the form of codes and ciphers; the act in writing in cipher or
secret character or the particular used.
2. Codes
 A system on which arbitrary group of symbols represented by other letter rather than by a complete
words, phrases or sentences.
3. Cipher
 A system in which individual letters of a message are represented by other letter than by a complete
words, phases or sentences; the secret manner of writing the key to its code.
 4. Cryptogram
 Encrypted text/message complete with heading of message written in unintelligence text or language
which implies/convey-hidden meaning.
5. Decoding
 To retranslate a message into ordinary language from cipher or code.
6. Document
 Any recorded information regardless of its physical form or Characteristic and includes but not
limited to the following:
a. Written matters whether handwritten, printed or type
b. All painted, drawn, or engraved matter.
c. All sound and voice recording.
d. All printed photographs, exposed or printed film, skill or moving
e. All reproduction if the foregoing.
7. Encoding
 To convert a message to a code.
8. Translation
 The transformation/conversion of one language to another. There are three types: Full — everything is
translated or forwarded; Extract - only portion of it is translated; and summary - translate only main
part.

B. THREE PRINCIPLES OF THE CODES AND CIPHERS

1. Codes must be pre-arranged.
2. The use of codes is limited to the user’s imagination or ingenuity.
3. Consultant use of the same for a long period of time increasing its vulnerability to compromise.

C. RULES IN ENCRYPTED MESSAGE

1. Text must be written in-group of five (5) letters.
2. Cite number shall follow immediately alter the text classification
3. Message always start with the word BT
4. Message will end also with BT.

INTELLIGENCE OPERATION
 It is the result of intelligence planning. Planning is always ahead of operation although an operation
can be made without a plan. It is usually due to sudden and inevitable situations but definitely, this is
poor intelligence management.
A. TASKS INVOLVE IN POLICE INTELLIGENCE OPERATION
1. Discovery and identification activity
2. Casing – Surveillance/reconnaissance
3. Liaison prison program
4. Informant management
5. Clipping services
6. Debriefing
7. Relevant Miscellaneous Activities
8. Utilization of informant for planning and organizational employment purposes.

B. 14 CYCLES OF INTELLIGENCE OPERATION:

1. Mission and Target
Infiltration
 the insertion of action agent inside the target organization
Penetration
 recruitment of action agent inside the target organization
2. Planning
3. Spotting
4. Investigation
5. Recruitment – the only qualification of the agent is to have an access to the target
6. Training
7. Briefing
8. Operational testing.
9. Dispatch
10. Communication
o Technical
 telephone, cell/mobile phone, radio, etc;
 o Non-technical
 Personal meeting, live drop, dead drop, etc.
11. Debriefing
12. Payments: buy his life not his job; Regulatory and dependability that counts not the Amount; Pay
no bonuses; and supplement the agent income from regular sources Enough to ease his financial
worries but not enough to cause him live in style.
13. Disposition – any activity on rerouting, retraining, retesting and termination
14. Reporting

OVERT OR OPEN METHOD (Overt Intelligence)

 The information of documents id produced openly without regards as to whether the subject of the
investigation becomes knowledgeable of the purpose for which it is being gathered.
COVERT METHOD (Covert Intelligence)
 The information is obtained without the knowledge of the person against whom the information or
documents may be used, or if the methods of procurement are done in an open manner.
OVERT METHODS OF GATHERING INFORMATION
1. Interview 4. Research
2. Interrogation 5. Investigation
3. Instrumentation 6. Debriefing

TASK OF PROCUREMENT AND COLLECTION OF INFORMATION – procurement represents the

collection of information from overt sources such as:
 1. Newspaper 5. Public and Private Establishments
2. Magazines 6. General Public
3. Radio Intercepts 7. Other Sources Similar in Nature
4. Public and Private Libraries

PROCUREMENT AS USED IN INTELLIGENCE PARLANCE

 Is the aggressive effort to acquire certain specific information that may not be readily available. To this end, a
number of means may be used as:
1. Classical Intelligence
 utilizes human being to gather information
2. Modern/Technical Intelligence
 Employs machine and human such as satellites, electronic gadgets to gather information.

ESSENCE OF PROCUREMENT
 The essence of procurement is ACCESS, someone or some device had to get close enough to a thing, a place or a
person to observe or discover the desired facts without arousing the attention of those who protect them. The
information must then be delivered to the people who want it. It must move quickly or it may get stale, and it
must not get lost or disintegrated in route.

PROCURING AGENTS
1. Agent in Place- One who has been recruited by an intelligence service within a highly sensitive target and
who is just beginning his career or have been long outsider or insider.
2. Double Agent - An enemy agent, has been captured, turned around and sent back where he came from as an
agent of his captor.
3. Expendable Agent - An agent through whom false information is leaked to the enemy
4. Penetration Agent - An agent who infiltrates and reaches the enemy to get information and would manage
to get back alive.
5. Agent of Influence - An agent who uses influence to gain information.
6. Agent Provocation - Provoking of agent

Phases of criminal investigation

CHAPTER VI
Phases of Criminal Investigation
Phase 1. IDENTIFY THE PERPETRATORS
 It is important in the first part of investigation to recognize as to who is the perpetrator of the crime. It is mainly
established as this will guide investigators as to who committed the crime.
 Methods of identification - refers to the ways and means employed to uncover the personality of the person who
may have committed an act in which under the existing law is regarded as a crime.
Methods of Identification
A. Confession/Admission
Admission or confession by a suspect is a major objective of every investigation. The confession is an excellent means of
identifying the criminal. From the point of view of proving guilt at the trial, a consideration that will overlap this
discussion, it must be supported by other corroborative evidence.
The corpus delicti” must be separately established in order to support conviction. A confession may be denied in court and
unless an affirmative show of voluntariness can be presented by the prosecution.
Confession - “The declaration of an accused expressly acknowledging his guilt of the charge, may be given as evidence
against him.”
Admission - acknowledgment only of some elements of the crime and is not tantamount to confession.
B. Eyewitness Testimony
The identification is made by several objective persons who are familiar with the appearance of the accused and who
personally witnessed the commission of a crime.
C. Circumstantial Evidence
In the absence of confession and eyewitness, the identification of a criminal may be established indirectly by proving
other facts or circumstances from which either alone or in connection with other facts, the identity of the perpetrator can
be inferred.
D. Identification through Physical Evidence
1. Associative Evidence
 The physical evidence found at the scene of the crime during the course of investigation could link to the identity
of the criminal by means of clue materials, personal property, or the characteristics pattern of procedure deduced
from the arrangement of objects at the crime scene.
2. Tracing Evidence
 These are physical evidence which may assist the investigating officer in locating the suspect and most commonly
found in theft and robbery cases.
Phase 2. LOCATING THE SUSPECT
A. Through the use of Informant
1. Informant- Refers to a person who gives information to the police voluntary of involuntary, without any
compensation.
2. Informer - An individual who gives information for a price or reward. (He may be in the payroll of the law
enforcement agency.)
3. Informants - Informants pertains to a person who give information to the police with reward or otherwise.
4. Informant Net - Controlled group of people who worked through the direction of the agent handler. The
informant’s principal or cut-outs supply the agent handler directly or indirectly of intelligence information
 5. Agent handler – Refers to a person who manage the so called agents (called secret agents or spies in common
parlance), principal agents, and agent networks (called "assets") by intelligence officers typically known as case
officers.
6. Bounty hunter – Refers to a professional person who captures fugitives or criminals for a commission or bounty.
(for more information, watch Bounty Hunter Dokumentaryo ni Sandra Aguinaldo).

Types of Informants
1. Criminal informant - an informant who gives information to the police pertaining to the underworld about
organized criminals with the understanding that his identity will be protected.
2. Confidential informant- is similar to the former but he gives the information to violate the law to include
crimes and criminals.
3. Voluntary informant- a type of informant who gives information freely and willfully as a witness to a certain
act.
4. Special informant- those who give information concerning specialized cases only and it regarded a special
treatment by the operatives (ex. Teachers, businessmen).
5. Anonymous informant- those who give information through telephone with the hope that the informant cannot
be identified.
6. Reliable informant – a type of informant whose credibility has been established and documented. This includes
information previously given and recorded which leads to the arrest of criminals or recovery of stolen property.

Classification of Informants According to Motive

A person who provides useful information about a case or crime is usually motivated by various factors or
reasons. The following are the types of informants classified according to motive:
1. Rival-elimination Informant – an informant is usually an anonymous caller who tries to inform the police
regarding a particular criminal activity to eliminate a rival or competitor. The elimination of rivals can provide an
opportunity to a group of individuals to monopolize an illegal business in order to increase their income.
2. False Informant – an informant who reveals information usually of no consequence or untrue in order to
mislead the police r investigation of the case at hand.
3. Frightened informant – an informant who gives information to the police because of the belief that his safety
and the safety of his loved ones might be compromised. This frightened informant is usually molded by fear of
self-interest.
4. Self-aggrandizing Informant – an informant who has many contacts in criminal circles and feels importance by
giving information to the police. A type of informant surprisingly provides information regarding a crime to win
favorable attention from the media which could put him in the spotlight, making him an instant celebrity.

Categories of Informants
1) Incidental Informants - are those who work with authorities on one particular incident with no intention of
providing subsequent information. They are individuals who furnish information with no intention of repeating
their services
2) Casual Informant –an individual who by virtue of his social or professional position possesses or has access to
information with great value to the police. He does collection of information on a continued basis and voluntarily
or willingly provides information in response to a specific request or on his own initiative.
3) Automatic Informants - an informant who by the nature of his work, position and occupation in an office or
society has a legal moral or ethical responsibility to report or provide intelligence reports to concerned individuals
or agencies.
4) Recruited Informant – an informant who is selected, trained, and utilized as a continuous or covert source of
information concerning specific intelligence targets.

Types of recruited informants

a) Ordinary informants – individuals who perform counter-intelligence activities under the control of a
particular agency such as police or military.
b) Penetration Informants – are recruited, selected, and trained to disguise or to use an assumed identity
for the purpose of gaining the trust of the intelligence target in order to gather information.
c) Full-time Informants – informants who are available for counterintelligence missions at all times and
who may derive the major part of their income from their work as informants of the police or military.
 5) Double Agents – are individuals who are simultaneously employed by two “opposing groups” or intelligence
agencies with one of the agencies being aware of his dual role.
6) Dual Agents – are individuals who are simultaneously and independently employed by two or more “friendly
intelligence” agencies or units and do not show preference to either office or group of individuals. These agents
are normally motivated by material gain or monetary reward and will be working with two different groups of
people.

MOTIVES OF INFORMANTS
1. Reward 6. Vanity
2. Revenge 7. Civic-mindedness
3. Patriotism 8. Repentance
4. Fear and avoidance of punishment 9. Competition
5. Friendship/Career Development

STEPS OF INFORMANTS RECRUITMENTS (SIAT)

1. SELECTION
 It is particularly desires to identify and recruit an informant who has access to many criminal in-
groups or subversive organizations. Access is probability the single most important feature in the
consideration of recruiting the potential informants.

2. INVESTIGATION
 The investigation of the potential informants who is tentatively identified as "probable" must be as
thorough as possible. It must establish possible existing motives as to why this person might assist
the police intelligence community. If necessary, conduct background investigation (CBI).
3. APPROACH
 This must be done in a setting with pleasant surroundings like a confidential apartment which is
completely free from any probability of compromise. The place is preferably in an adjacent city or
remote area foreign to the informants living pattern. In here, it also includes explanation of contract.
4. TESTING
 It should begin with limited assignment, with gradual integration into more important areas. The
occasional testing of an informant should continue though the entire affiliation.

FACTORS TO CONSIDER IN INFORMANT RECRUITMENT

a. Sex d. Age
b. Health e. Education
c. Ability f. Personality

B. Locating Suspects through Surveillance

SURVEILLANCE
 It is a clandestine and continued watching of persons, places, or objects to obtain information concerning the
activities and identifies individuals or criminals. It is an act of carefully watching someone or something
especially in order prevent or detect a crime, and is mostly done by the police or military.
 Involves covert (discreet, disguised, secret, clandestine) observation of persons, places, and things for the purpose
of obtaining information concerning the identities and/or activities of suspected criminals.

OBJECTIVES OF SURVEILLANCE
 All types of surveillances have a purpose and an objective. The objective may be singular or multiple, and may be
changed during the course of the surveillance due to unexpected developments. The objectives of surveillance
operations are to:
 1. Determine whether a violation exists or will exist.
 2. Secure probable cause for a search warrant.
 3. Secure evidence for prosecution.
 4. Determine identity of violators.
 5. Determine activity of violators and suspects.
  6. Secure information as to the vehicles and types of materials used in a violation.
 7. Learn the physical layout and use of the premises.
 8. Gather information as to identities and activities of associates of violators.
 9. Aid in appraising reliability of an informer.
 10. Determine ownership and use of a vehicle in a violation.
 11. Determine destination of vehicles.
 12. Determine location of a "drop" or "stash" of illicit whiskey or alcohol, or cache of contraband
firearms or illegally possessed firearms or explosives.
 13. Determine location of illicit distillery, or pick-up point for the illegal distribution of firearms or
explosives.
 14. Determine the methods of operations of the violators.

TERMS USED:
1. Pre-surveillance Conference- A conference held among the team members, police intelligence unit before a
surveillance is conducted.
2. Stake out - The observation of places or areas from a fixed-out point.
3. Surveillance Plan - refers to the outline or blueprint as to how the surveillance is conducted.
4. Target Area – refers to the area of operation of surveillance activities.
5. Log - refers to the chronological record of activities that the subject had or took place in the target area.
6. Undercover Man - A person trained to observe and penetrate certain organization suspected of illegal activities
and the later reports the observation and information so that proper operational action can be made.
7. Liaison Program - This is the assignment of trained intelligence personnel to other agencies I obtain
information of police intelligence value.
8. Safe House - It is place, building, enclosed mobile, or an apartment, where police undercover men meet his
action agent for debriefing or reporting purposes.
9. Drop- It is a convenient, secure, and unsuspecting place where a police, undercover man, informer, or
informant by a pre-arrangement leaves a note, a small package, an envelope to item for the action agent,
supervisor or another agent.
10. Convoy - An accomplice or associate of the subject.
11. Decoy - Any person almost similar to the subject used to avoid or elude surveillance.
12. Contact - Any person or subject picks or deals with while he is under surveillance.
13. Made -When subject under surveillance becomes aware that he is under observation and identifies the observer
(burn out).
14. Lost - When the surveillants do not know the where about of their subject or the subject had eluded the
surveillants.
15. Rabbit (hare) - Term referring to the subject of shadowing and tailing.
16. Test for tailing - The common trick of the subject (rabbit) when he becomes conscious that he is being tailed.
The rabbit usually boards a public conveyance then jumping off the vehicle then he looks about quickly to
determine if any another person jumps off also.

Types of Surveillance:
1. According to intensity and Sensitivity
a. Discreet
 Subject is unaware that he/she is under observation.
b. Close
 Subject is aware that he/she is under observation varied on each occasion.
c. Loose
 Applied frequently or infrequently, and period of observation varied on each occasion.
2. According to Methods
 1. Fixed surveillance. Also known as stake-out . It is conducted when a person, object, or activity being
watched is not expected to move from one area. The surveillant may however, move from one vantage
(position) point to another in the immediate area.
2. Moving surveillance. Also known as a tailing or shadowing. A moving surveillance is conducted when
a person, object or activity being watched move from one place to another. The surveillant may however,
move from one vantage point to another in the immediate area.
a. Open tail/surveillance - also termed as “rough surveillance”. The subject is most likely aware
of the surveillance.
b. Close tail/ surveillance – the subject is kept under constant surveillance also termed as “tight
surveillance” the aim is not to lose the subject even at the risk of being “made”
c. Loose tail/surveillance – refers to the tailing commonly employed if the surveillant wants to
remain undetected.
3. Aerial surveillance - this type of surveillance is done using helicopters or other aerial devices. This is
commonly employed in areas that is not accessible to foot or vehicle surveillance
4. Technical – this surveillance involves or uses communications and electronic eavesdropping devices
such as wiretaps, tracking devices, beepers and electronic hardware’s gadgets system and equipment in
information gathering.
A. Audio electronic surveillance - this refers to the employment of bugging or wiretapping devices 
A.1 bugging - is eavesdropping any communication or conversation with the aid of any bug
devices. Bug is a form of electronic device placed in an establishment to record, receive or transmit
conversation. 
A.2 wiretapping - is the interception of communication lines such as telephone or cellphone
lines in order to listen or record conversation. 
Eavesdropping - is the act of listening secretly to any conversation who are within the same premise
as the person who intends to listen to the conversation. 

CASING 
 The process of inspecting places to determine its suitability for operational use. In the military it is
known as Reconnaissance. Sometimes, it is called the surveillance of places or buildings. Casing could
be done either. 

Types of Casing 
a. Exterior Casing – it is an observation of the whole or immediate areas, building or installation, possible exits
and approaches, types of vicinity that may possibly be of help to any intelligence or counterintelligence
operations. 
b. Interior Casing – inspection of the different parts of the building or any structure which includes but not
limited to the different rooms within the building. 

Methods Of Casing 
1. Personal Reconnaissance - personal reconnaissance of an area is the most effective method and will produce
the most information since you know just what you are looking for. 
2. Map Reconnaissance – A map reconnaissance alone may not be sufficient but it can produce a certain amount
of usable information. From a map, it is possible to get a good survey of road and street networks. 
3. Research – Such information can be acquired through research. Research normally entails a study of
unclassified sources such as local newspapers, periodicals, public bulletins, telephone and city directories, radio
and television broadcasts, and other available references. 
4. Prior Information – Your unit will have on file reports from other activities within your unit, and also from
other intelligence units that may provide you with information. In addition, town studies, geodetic surveys, etc.,
can provide you with valuable information. 
 5. Hearsay – This type of information is usually gained by the person operating in the area of performing the
casing job. Casing should always be done with your ears open when visiting such places as restaurants, bars,
places of amusement, and while riding on a public transport facility. Some hearsay information may be gained by
discreet questioning of the people in the area.

Foot Surveillance
 Foot surveillance is usually undertaken by two or more individuals. Normally, one surveillant remains close to the
target while the other stays at a greater distance. The second surveillant may follow the first on the same side of
the street or travel on the opposite side. The positions of the surveillants are frequently changed, most commonly
at road junctions. This requires that you be alert not only to those people behind you but also to those across the
street and in front of you. If you see the same person more than once over a certain distance, even if that person is
not seen continuously, surveillance may be suspected. Individuals who are alert to the people in their vicinity will
eventually detect the same surveillant over a period of time.
 One complicating factor is the use of disguises to make the surveillants look different. One indicator of the use of
a disguise is a shopping bag or some other container for a change of clothes, particularly if the bag is from a shop
not found in the area or the container somehow seems out of place. Pay particular attention to shoes and trousers
or skirts. These items are less easily and, therefore, less commonly changed. In lifts, watch for people who seem
to wait for you to push a button and then select a floor one flight above or below yours.
Detecting Foot Surveillance
Some of the most effective methods for detecting foot surveillance are:
Stopping abruptly and looking to the rear
Suddenly reversing your course
Stopping abruptly after turning a corner
Watching reflections in shop windows or other reflective surfaces
Entering a building and leaving immediately by another exit
Walking slowly and then rapidly at intervals
Dropping a piece of paper to see if anyone retrieves it
Boarding or exiting a bus or train just before it starts
Making sudden turns or walking around the block

 While taking these actions, watch for people who are taken by surprise, react inappropriately, suddenly change
direction, or give a signal to someone else. Surveillants will not normally look directly at the target, but they may
do so if they are surprised or unaware that you are observing them.

TAILING OR SHADOWING– is the act of following a person, depends on the number of surveillant available, volume
of pedestrian traffic and importance of concealing the surveillance.

THREE TYPES OF SHADOWING/TAILING

1. Loose tailing -Employed when a general impression of the subjects’ habits and associate is required.
2. Rough shadowing -Involves shadowing without special precaution. It may be used when the criminal must be observed
and is aware that he is being followed. It is also employed when the subject is a material witness and must be protected
from harm or other undesirable influence.
3. Close tailing- It is used when precaution is taken against losing the subject; constant surveillance is necessary.

METHODS OF SHADOWING
1. One man–extremely difficult and should be avoided, if unavoidable keep subject in view at all times.
2. Two man– two agents are employed to follow the subject.
3. ABC method– reduces the risk of losing the subject, affords greater security agents’ detection.
4. Progressive/Leap from method– poor chances of obtaining good results, agents are stations at a fixed point
assuming that subject followed the same general route each day.
5. Combined foot-auto surveillance– employment of surveillants on foot and agents in an automobile.
COVER AND UNDERCOVER OPERATIONS
Cover – is the means by which an individual, group or organization conceals the true nature of its activities,
and/or its existence from the observer. It is also a device or stratagem by which the intelligence operatives conceal
his identity, and his or her relationship with the intelligence collection agencies
It is used so that the intelligence operatives may operate with minimal interference from the outside elements,
criminals, subversives or otherwise. By “outside elements” is meant those not having the “need-to-know.” An
undercover is a person with cover.
Functions of cover
1. Offensive
Gives access to the target and facilitates the achievement of clandestine objectives. 2. Defensive
This is utilized to prevent detection on any clandestine activities of the undercover agent or intelligence collection
agencies.
Essential Uses of Cover
a) Maintains secrecy of operations against enemy intelligence;
b) Maintains secrecy of operations against friendly agencies not having the “need to Know”; c) Pursues
successful accomplishment of the mission.

Types of Cover
a. Natural Cover – using true or actual personal background to fit the purpose of under-cover operation.
b. Artificial Cover – a cover using biographical data adopted for a fictitious purpose
c. Cover within a cover – use of secondary cover in case of compromise which necessitates the admission of a
lesser crime.
d. Multiple cover – adoption of any cover identity wished, as wished by the undercover agent.
Numerous Hazards to Cover
a) Static or Dormant opposition; examples: cigarette vendors, tricycle drivers, road maintenance and utilities, and
the like.
b) In-hostile active opposition; examples: friendly forces who do not have the “need-to- know” c) Hostile Active
oppositions – refers to the enemy intelligence activities or forces.
Criteria For Cover
a) It should be simple. One that is easy to remember for the operator.
b) It is adequate. One that provides enough security for status and action
c) It is economical. Expenditures are commensurate to the desired information.
ORGANIZATIONAL COVER
Organizational Cover - An account consisting of biographical data which when adopted by an individual will
assume the personality he wants to adopt.
Objectives Of Organizational Cover
 a. To camouflage and protect operational personnel and their activities.
b. To protect the vital installation in which clandestine activities are based Guidelines to Organizational Cover
o Organizational cover must appear to produce something.
o It should devise that not all personnel will work together at the same time.
o Cover should be devoted to mission
o Start with small organizational cover and provide room for expansion as it continues to exist.

Documentation of the Cover

 It is necessary to support the cover story. It includes documents which should be in the personal possession of the
undercover investigator and those which should be on file in official and private offices in connection with some
phase of the assumed background.
ALIAS – a fictitious name of a person. A pseudonym.
BACKSTOP – refers to falsified documents and materials prepared by an undercover to make his cover story credible.
Undercover Operation- is a form of investigative technique whereby undercover agent assume another identity or
conceals his official identity in order to infiltrate the ranks of criminal syndicates.
Undercover agent – the police, law enforcement agencies and intelligence collection units are routinely involved in
undertaking undercover operations.
Safe house – refers to a safe place where the investigator or his informants meet for briefing and debriefing purposes.
Courier – refers to the person who carries information to another person.
Drop – refers to a secure place where the agents or informants give their message to the other agents which could either
be:
a) Dead drop- the agent merely leaves a message.
b) Live drop – the courier hands over the message directly to the agent.
Reminders when conducting undercover operations
a) Act naturally as possible
b) Do not overplay your part
c) Do not indulge in any activity, which is not in conformity with the assumed identity. This means that if you
play the part of a fisherman act like a fisherman and have the knowledge, attitude and skills of a fisherman.
d) Do not make note unless they are to be mailed or passed immediately. Use notes or ciphers if possible.
e) Do not use liquor or any intoxicants except if necessary and limit the amount to avoid being drunk.
f) Limit your association with women.

Types of Undercover Assignments

1. Dwelling Assignment– it is one where the undercover agent establishes residency in or near the dwelling which
houses the suspect
2. Work Assignment – places the undercover agent in a type of employment where he can observe the activities of
the subject at his place of work.
3. Social Assignment – requires the undercover agent to frequent places of entertainment and amusement known
to be habitually visited by target personalities and their associates.
4. Multiple Assignments – An undercover is given a task of covering two or more of the above specific
assignments simultaneously.
5. Personal Contact Assignment or “Rope Job” – the undercover agent is required to develop friendship and trust
with the targ3t personality for purposes of obtaining information or evidence.
1. Direct. This is the employment and utilization of special agents in a particular undercover operation.
2. Indirect. This is the employment and utilization of controlled informants relative with the collection of
useful information
Cover Story - A biographical account, true or fictional or a combination of truth or fiction which portrays the undercover
investigators past history and current status.
Types of Cover Story
a. Natural Cover Story – story using actual background data with minor adjustments to fill and/or fit the situation.
b. Artificial Cover Story – using biographical data which are invented for the purpose.
c. Combination of True and False Personal Data

Cover Support – Agents in target areas with a primary mission of supporting the cover story.
PHASE 3: Providing evidence of Criminal Guilt through the use of evidence.

 A useful perspective on the criminal investigation process is provided by information theory (Willmer).
According to information theory, the criminal investigation process resembles a battle between the police and the
perpetrator over crime-related information. In committing the crime, the offender emits "signals," or leaves
behind information of various sorts (fingerprints, eyewitness descriptions, murder weapon, etc.), which the
police attempt to collect through investigative activities. If the perpetrator is able to minimize the amount of
information available for the police to collect, or if the police are unable to recognize the information left behind,
then the perpetrator will not be apprehended and therefore, the perpetrator will win the battle. If the police are
able to collect a significant number of signals from the perpetrator, then the perpetrator will be identified and
apprehended, and the police win. This perspective clearly underscores the importance of information in a criminal
investigation. Types of evidence, characteristics of evidence and proper collection and handling of evidence to
prove the criminal guilt will be discussed in the succeeding chapter.
 COLLECTION AND
CHAPTER VII PRESERVATION OF EVIDENCE

EVIDENCE
 Evidence is the means sanctioned by law of ascertaining in a judicial proceeding the truth respecting a matter of
fact. (Sec.1, Rule 128, Revised Rule of Criminal procedure).
 Crime-related information is criminal evidence. It consists of supposed facts and knowledge that relate to a
particular crime or perpetrator. It is what is obtained as a result of investigative activities and it is what is used to
establish that a particular person committed a particular crime. Evidence is absolutely critical to criminal
investigation. In fact, criminal evidence and criminal investigation is inseparable. Evidence is the basic substance
of criminal investigation. Without evidence, an investigation can go nowhere; evidence as to an investigation as
water is to life (Eck as Cited in Brandl, 2008 p. 4).

CLASSES OF EVIDENCE

1. TESTIMONIAL EVIDENCE
 Testimonial evidence refers to testimonies of either expert or ordinary witness.
a. Ordinary witness
 Any person who perceived the commission of the crime and testified before the court.
b. Expert witness
 A witness who gives his/her testimony concerning the investigation of crime based on his training and experience.

2. DOCUMENTARY EVIDENCE
 Refers to writings, including official records, or contents “could speak for themselves” when read.
 They may be collected through voluntary relinquishment or by Subpoena Duces Tecum (court order) which
compels the party to bring records to the court.
 Below are some of the examples of documentary evidence:

a. Medical Certifications or Reports;

1. Medical examination
2. Physical examination
3. Necropsy (Autopsy)
4. Laboratory
5. Exhumation
6. Birth
7. Death

b. Medical Expert opinion.

c. Deposition
 A written record of evidence given orally and transcribed in writing in the form of questions by the
investigator and answer of the deponent and signed by the latter (Catalino, M.G. et al, 2011)

LEGAL CLASSIFICATION OF EVIDENCE

 (Based from Sec.1 Rule 128 of the Rules of Court)

A. Depending on its ability to establish fact in a dispute:

a. Direct evidence
 Proves the fact in the dispute without the aid of any inference or presumption.
 The evidence presented corresponds to the precise or actual point at issue.
b. Circumstantial evidence
  The proof of fact or facts from which, taken either singly or collectively, the existence of a particular fact
in a dispute maybe inferred as a necessary or probable consequence. However, the following requisites
must be present before a circumstantial evidence will become sufficient for conviction:
1. There are more than one circumstance;
2. The facts which the inferences are derived are proven; and
3. The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt
(Sec. 4, Rule 123, of Rules of Court).

B. Depending on the degree of its value in establishing a fact in a dispute

a. Prima Facie Evidence

 Evidences suffice for the proof of a particular fact until contradicted by other evidence.
b. Conclusive Evidence
 Evidence which is incontrovertible or one which the law does not allow to be contradicted.
 Insurmountable evidence.
c. Corroborative Evidence
 Evidence of different kind and character as that already given and tends to prove the same proposition.
d. Cumulative Evidence
 Evidence of the same kind and character as that already given and tends to prove the same proposition.

C. Depending on its weight and acceptability

a. Primary or Best Evidence
 Affords the greatest certainty of the fact in the question.
b. Secondary Evidence
 Evidence which is inferior to primary evidence and is admissible only in the absence of the latter.

D. Depending on its nature

a. Object evidence
 Evidence that is addressed to the senses of the court and is capable of being exhibited to be examined or
viewed by the court.
 It is also known as autoptic, real or physical evidence
 It speaks more eloquently than hundred witnesses (Pp. vs. Pabillo).
b. Documentary evidence
 This refers to evidence supplied by written instruments or derived from conventional symbols and letters
by which ideas are represented for material substances.
c. Testimonial evidence
 Evidence which is either verbal or oral. It is evidence which consist of the narration or deposition by one
who has observed or has personal knowledge of that to which he is testifying.
d. Positive evidence
 It exist if the witness affirms that a fact did or did not occur, it is entitled to greater weight since the
witness represents personal knowledge about the presence or absence of fact.
e. Negative Evidence
 It exists if the witness states that he did not see or know the occurrence of a fact and there is total
disclaimer of personal knowledge.

E. Depending on its quality

a. Relevant
 Evidence is relevant if it has a relation to the fact in the issue as to induce belief in its existence or non-
existence.
b. Material
 Evidence tends to prove the fact in the issue, and is determined by rules of substantive or the rules of
court.
c. Admissible
 Evidence is admissible it is relevant to the issue and it is not excluded by the Rules of court.
d. Credible
 Evidence is credible if it is not only admissible but also believable and used by court in deciding cases
(Sec. 1, Art 128 of Rules of Court).
 EVIDENCE COLLECTION, HANDLING AND TRANSPORTATION
(FIELD MANUAL ON INVESTIGATION OF CRIMES OF VIOLENCE AND
OTHER CRIMES (2011), PART III CHPTER 6)

In the conduct of crime scene investigation for crimes of violence and other crimes, the
crime scene processing or the evidence collection, handling and transportation shall
primarily be conducted by the SOCO specialists of Crime Laboratory. However, in
some instances the First Responder or the Investigator-on-case may have to collect
evidence that might otherwise be destroyed or contaminated if uncollected. In
such cases, the collection should be properly handled and documented. The following
procedures are set as guide not only for the SOCO team but may also apply to any
crime scene investigator in the collection and handling of evidence. The collection and
submission of standard samples for comparison, however, must be done by the
Crime Laboratory.

General Rules for the Collection and Preservation of Biological Materials

a. Use protective gloves.

1. If possible, avoid touching individual smears/traces. Remember that gloves

can entail a risk of contamination.
2. Change gloves after handling each kind of material and otherwise as
necessary.
3. Use disposable equipment for preliminary tests and collection of trace
evidence.
4. Cover surfaces where materials are to be placed with protective paper.
Keep victims‟ and suspects‟ clothes separate.

b. Avoid coughing or sneezing on evidence/materials.

c. Packaging of biological materials.

1. Use paper packaging for all biological materials or materials that are soiled
with biological matter. Although plastic bags are useful in many cases, they
cannot be recommended for routine use on account of residual moisture.
2. Separate outer packages are to be used for trace evidence and for clothes
from persons involved.
3. Do not mix materials/samples from different people, for example clothes, in
the same parcel.
4. Fold the opening of the bag twice and seal with tape. Envelopes should also
be sealed with tape.
d. Special precautions

1. Make an explicit note if a person from whom material has been collected is
suspected of having an infectious disease.
2. Prevent contamination by avoiding all contact between collected evidence
and clothes seized from people.
3. Packages containing collected materials must not be opened until the
examination in the laboratory is to commence. The only exception is when
moist or wet material must be dried out under normal room conditions.

The checklists are only meant as a guide and not as a substitute for critical thinking.
In some cases certain items can probably be left out, while others must be added.

The Collection and Preservation of Blood

Type of Procedure Packing/storage

evidence/samples
Blood on removable Remove the whole object Put each piece of material in a
materials paper packaging and seal with
tape. If the material is wet or
moist, pack each piece of
material in a plastic bag sealed
with tape. Open and allow to dry
on arrival at the police station.
Send to the PNP CL in wrapping
paper or an envelope.
Pools of blood Collect blood on some swabs. In Put the swabs in the swab
the case of larger accumulations wrapper or a folded piece of
of blood, take several samples paper. Package in an envelope,
from various places. store dry and cool.
Blood in Collect on several swabs. Put the swabs in the swab
Water wrapper or a folded piece of
paper. Package in an envelope,
store dry and cool.
Collect water with a clean pipette Pour the water into a clean, dry
or syringe. test tube with a cork or a
vacuum tube with a purple cork.

60
 Dry blood If possible, cut away part of the Put each sample in a paper bag
surrounding material. or envelope. Keep dry and cool.

If this is not possible, moisten a Put the swabs in the swab

swab with water. Rub it until it wrapper or a folded piece of
becomes dark brown/red or until paper. Package in an envelope,
the swab absorbs all the blood. store dry and cool.

6.3. The Collection and Preservation of Semen or Saliva

Type of Procedure Packing/storage

evidence/samples
Semen or saliva on Remove the whole object. Put each piece of material in a
removable materials separate paper bag. Unpack on
arrival at police station and dry
at room temperature. Send to
the PNP CL in paper bags.
Moist semen or saliva Collect part of the sample on Put the swabs in the swab
some swabs. wrapper or a folded piece of
paper. Package in an envelope.
Store dry and cool.
Draw off liquid with a clean Pour the liquid in a clean, dry
pipette or syringe. test tube with a cork or a
vacuum tube with a purple cork.
Store in a refrigerator. Send to
the PNP CL by refrigerated
transport.

Semen in condom Close the condom with a clip. Keep in a refrigerator and send
to the Crime Lab as soon as
possible by refrigerated
transport.

Dried semen or saliva If possible, cut out part of the Put each sample in a paper bag
surrounding material. or envelope. Store cool and dry.

Otherwise, moisten a swab with Air dry and put the swabs in the
water. Rub it until it is saturated. swab wrapper or a folded piece
of paper. Package in an
envelope. Store dry and cool.

The checklists are only meant as a guide and not as a substitute for critical thinking.
In some cases certain items can probably be left out, while others must be added.
 The Collection and Preservation of Urine
Type of Procedure
evidence/samples
Urine Collect in a plastic bottle or other
suitable container.
Reference samples Collect 20 ml in two test tubes
for drug/ with screw caps.
alcohol analysis
The Collection and Preservation of Body Fluids
Type of Procedure
evidence/samples
Take samples from the oral
Mouth samples mucous membrane by rubbing two
swabs against the inside of the
mouth, teeth and top and bottom
of the tongue.
Dry smears of blood, Collect with swabs, moistened
saliva (licks, kisses, with sterile water or tap water.
bites, spit etc.) and
semen
Collect samples on swabs, two
Vaginal samples swabs each from at least three
diffèrent places, e.g. introitus,
cervix and anterior fornix.
Anal sample Collect samples on swabs from
the anus and rectum.
Penis sample Collect the sample on two swabs
moistened with sterile water or tap
water.
Finger rub Rub the cuticles and finger tops
Sampling of a with one moistened swab for each
suspected perpetrator hand.
Samples for drug/ 10 ml of venous blood in a
alcohol analysis vacuum tube (with a grey stopper)
and 20 ml of urine in two test
tubes with screw caps.
DNA typing from Preferred alternative: venous
Living persons (must blood in a vacuum tube (with a
be taken by Dr/nurse) purple stopper).
Packing/storage
Keep in a refrigerator. Send to
the PNP CL by refrigerated
transport.
Keep the tubes in a refrigerator.
Packing/storage
Put the swabs in the swab
wrapper or a folded piece of
paper. Package in an envelope.
Store dry and cool.
Air dry and put the swabs in the
swab wrapper or a folded piece
of paper. Package in an
envelope. Store dry and cool.
Put the swabs in the swab
wrapper or a folded piece of
paper. Package in an envelope.
Store dry and cool.
Put the swabs in the swab
wrapper or a folded piece of
paper. Package in an envelope.
Store dry and cool.
Put the swabs in the swab
wrapper or a folded piece of
paper. Package in an envelope.
Store dry and cool.
Put the swabs in the swab
wrapper or a folded piece of
paper. Package in an envelope.
Store dry and cool.
Keep the tubes in a refrigerator.
Keep the tubes in a refrigerator.
DNA typing from Second alternative: Air dry and put the swabs in the
Living persons A saliva sample is taken with two swab wrapper or a folded piece
(must be taken by swabs that are rubbed against the of paper. Package in an
Doctor or nurse) oral mucous membrane. envelope. Store dry and cool.

Third alternative: about 10 hairs Place in a folded piece of paper

with pulled out roots. and insert in an envelope.
DNA typing from Blood in a tube. Keep the tubes in a refrigerator
Dead persons and send to the PNP CL by
(must be taken by refrigerated transport.
doctor or nurse) 1 cm3 muscle sample or 10 hair Place tissue samples in plastic
roots. If putrefaction has set in, containers. To be frozen if they
take a 1 cm3 bone marrow are not sent to the PNP CL the
sample. same day.

The Collection and Preservation of Fibers

Type of Procedure Packing/storage

evidence/samples
Fibers on removable Remove the whole object. In wrapping paper, paper bags.
objects
Invisible fibers on Pick up with forceps. Place in a folded piece of paper
large objects (such as and insert in an envelope.
car seats, sofas) Small samples should be taped
on transparent film and placed in
an envelope.
Invisible fibers on Take about 15 cm lengths of tape Package the transparent films
large objects (such as and systematically tape the whole with the tape in a separate
car seats, sofas) surface of the material, pressing envelope for each object.
lightly. Use new tape often. Then
mount the pieces of tape on
transparent film. Take an
infection sample from the fabric
by pressing a length of tape hard
against the fabric once and then
mounting on transparent film.
Take a reference sample as
described below.
Fibers in hair, e.g. in Tape systematically across the Stick the lengths of tape to
the hair of the head, in hair with fiber tape. transparent film.
order to find fibers from
a robber’s hood.
Reference samples If all the material cannot be Tape the material to transparent
(from materials that removed, cut away a piece of the film that is then packaged in
may be a source of fabric. Otherwise you can cut or envelopes. If tape or transparent
fiber contamination, pull out threads. Make sure that film is not available, wrap each
e.g. clothes, carpets, all the colors are included. piece of material separately and
upholstery). seal the package carefully. Self-
sealing packages should also be
sealed with tape.
 The Collection and Preservation of Hairs
Type of Procedure Packing/storage
evidence/samples
Hair on removable Remove the whole object. In wrapping paper, paper bags.
objects
Visible hairs
Hairs are collected with the help Put the transparent films in an
of tape that is attached to envelope.
transparent film.

Individual long hairs can be Place in a folded piece of paper

pulled out with forceps. and insert in an envelope.

The Collection and Preservation of Fingerprints

Type of Procedure Packing/storage

evidence/samples
Fingerprints on Photograph the prints on site. Pack in such a way as not to
removable objects Take the object to the police damage visible and latent prints.
station. Do not cover the print
with tape etc. Remember that
there may also be latent prints on
the object.
Plastic prints Photograph. Make a cast of the
e.g. in putty, wax, rigid print with Mikrosil if the
fat underlying material allows this.
Colored and etched Photograph.
prints
Prints in dust Photograph. Record the
fingerprint on tape and attach to a
black or transparent background.
Fingerprints in blood Try to achieve contrast by
exposing to UV light. Photograph.
Non-porous surfaces should
subsequently be treated with
amido black. Porous surfaces
should be treated with DAB. Be
careful. DAB is suspected of
being carcinogenic. Photograph
the developed prints.
On removable objects Take the object to the police Pack in such a way as not to
station. In some situations, damage any latent prints.
removable material can also be
treated in situ. Choose one of the
methods described below.
On dry surfaces If the prints are fresh, try brushing Pack in an envelop
with magnet powder. Otherwise
the material should be treated
with chemicals. If all the material
cannot be removed, try to cut out
areas of interest.
On wet surfaces The material should be treated by
chemical methods. If this is not
possible, one of the following
treatments may be feasible.
On wet, non-porous Immediately after the surface has
surfaces, such as dried, apply magnet powder.
glass, metal, plastic, When the print appears,
painted wood photograph and lift it with tape.
Otherwise use SPR reagent.
Photograph developed prints.
On wet, porous Immediately after controlled
surfaces, such as surface drying, try brushing with
paper, cardboard, magnet powder. Photograph
unpainted wood developed prints.
The Collection and Preservation of Articles in Clothing
Type of Procedure
evidence/samples
Clothes, bedding etc. Take all the material where
possible. Mark the bedding to
show which end is the head and
which is the foot.
Absolutely dry clothes, General purposes, e.g.
bedding etc. examining body fluids or injuries.
If the purpose is to examine
gunshot residue.
Wet or moist clothes, General purposes, e.g.
bedding etc. examining body fluids or injuries.
If the aim is to look for flammable
liquids or tear gas.
If the aim is to examine gunshot
residue.
Packing/storage
Place each object in separate
sealed pack as described below.
Place in bags or sacks, fold
double and seal with tape.
Spread out the garment on
clean wrapping paper. Put clean
wrapping paper on top and roll it
up. Seal with tape at both ends
and write an accurate
description of the contents on
the package.
Put each piece of material in a
plastic bag and then put it in
paper packaging and seal with
tape. Open and allow to dry on
arrival at the police station.
Avoid contamination. If the
material is sent to the PNP CL,
pack it in accordance with the
instructions for dry objects
above.
Pack each type of material
immediately in a fire bag and
seal it according to the
instructions on the bag.
The same as for drying clothes.
See above.
Material loosened All those whose clothes are to be When the person has
from clothing seized must take off their shoes undressed, fold the paper and
and stand on a piece of clean put it in a paper bag, which is
wrapping paper. then folded and sealed with
tape.
Shoes and boots In separate paper bags/sacks
that are folded and sealed with
tape.

The checklists are only meant as a guide and not as a substitute for critical thinking.
In some cases certain items can probably be left out, while others must be added.

The Collection and Preservation of Latent Footwear Print

Type of Procedure Packing/storage

evidence/samples
On removable Take the object to the police Place each object in a suitable
materials station for further examination. paper package so that the prints
are not destroyed.
On non-removable Search with very oblique light. Place each object in a suitable
materials Photograph any prints. Lift prints paper package so that the prints
e.g. floors, bank as described on the previous are not destroyed.
counters page.

Roll out foil for electrostatic lifting

on the relevant surface. Proceed
as for normal electrostatic lifting.
After lifting, the foil can be
carefully rolled up.

The Collection and Preservation of Visible Glove Prints

Type of Procedure Packing/storage

evidence/samples
On removable Photograph the print in situ with a Place each object in a suitable
materials scale inserted. Take the object to paper package so that the prints
the police station. are not destroyed.

Prints Photograph the print with a scale Attach foil to the bottom of a box
inserted. Lift the print using the with the print side up.
electrostatic method. Mark the foil
before lifting. Prints taken with
the electrostatic method are
sensitive to touch.
If this method does not work, try Fasten the tape on a fingerprint
lifting the print with fingerprint card, for example.
tape or some other method, e.g.
with fingerprint tape.
The Collection and Preservation of Soil, Plants, Construction Materials
Type of Procedure
evidence/samples
Soil from the crime Take about 10 samples: at least
scene 2 from the questioned site and 8
from the surroundings within a
radius of about 3-4 metres. Take
samples at various depths where
appropriate. Each sample should
consist of about 0.5 dl. It is a
good idea to photograph the site.
Soil under a footwear When footwear prints are
print secured, let any soil sticking to
the cast remains.
Take 8 more soil samples in the
surroundings as described
above.
Shoes, clothing etc. Remove the whole object if
from suspect(s) and/or possible. Do not touch any
victim(s) material deposited on the object.
Plant material from Take away the whole plant if
the crime scene possible. If there are any flowers
or parts that tend to stick to
clothes etc., make sure they are
included. It is a good idea to
photograph the site.
Construction Take representative samples of
materials bricks, light concrete etc. Many
such materials raise a great deal
of dust; bear in mind the risk of
contamination.
Safe insulation If a safe has been broken, take a
sample of the insulation. 1 or 2
cm3 is enough.
The Collection and Preservation of Tool Marks
Type of Procedure
evidence/samples
In removable material Take away the material.
In non-removable Preferably, cut or saw away the
material part of the material where the
mark is.
Packing/storage
Pack each sample in a plastic or
glass container with a tightly
fitting cap, e.g. a film canister.
Dry the samples unless they are
to be sent to the PNP CL
immediately.
Package in paper bags or sacks,
fold double and seal with tape.
Package the plant in folded
newspaper and put in a paper
sack. Transport to the PNP CL
as soon as possible. If it cannot
be transported immediately, let
the plant material dry in the air
and then put it in a fire bag
Package in suitable containers.
Material with the consistency of
powder should be packaged in
plastic tubes or small boxes.
Package in containers with
tightly fitting caps.
Packing/storage
Insert in a suitable package
depending on the size of the
material.
Insert in a suitable package
depending on the size of the
material.
 If this is not possible, make a cast Casts can be attached to
of the mark with brown Mikrosil. fingerprint cards, with the sketch
Draw a sketch of the location and drawn on the card itself.
orientation of the mark.
Collect paint, wood etc. from the Package in bags or in folded
surrounding material. Cut out paper that is placed in an
paint flakes with a scalpel. Paint envelope.
flakes must not be collected with
tape.
Cut marks Cut off the end of the wire or
cable where the cut marks are
(do not use the seized tool). Mark
clearly which ends were cut off by
the police.
Tools Never compare a tool with the Seized tools must be packed in
questioned mark by placing it in such a manner that the cutting
the mark. edge or equivalent is not
damaged. Take care not to
displace deposits of paint.

The Collection and Preservation of Glass

Type of Procedure Packing/storage

evidence/samples
Glass from the crime For analysis purposes, remove a Pack the pieces of glass in
scene for reference piece of glass of at least 1 cm2 plastic tubes or boxes.
purposes from each pane in the window-
frame and package separately.
Collect all the broken glass for
physical matching purposes.
Glass from the crime If possible, take out the whole Pack in cardboard boxes. Make
scene to establish sash. First, attach any loose sure the pieces of glass do not
from which side the pieces of glass with tape. Collect break.
glass was broken all the pieces of glass from the
floor/ground. If the sash cannot
be removed, loosen as much
glass as possible from it. Mark
each piece to show whether it is
from the inner or outer pane and
which side was facing in or out.
Glass from clothes Pick up pieces of glass with Package small fragments first in
and footwear forceps or collect by shaking the folded paper and then in small
material and vacuum cleaning. plastic boxes or tubes. Pack
larger pieces of glass in plastic
Shoes with pieces of glass in the boxes.
soles can be sent to the PNP CL Do not use tape to collect glass
for collection of the glass. fragments.

Clothes can also be sent to the

PNP CL for the purpose of
searching for and collecting the
glass.
The Collection and Preservation of Paint

Type of Procedure Packing/storage

evidence/samples
Paint from crime and Collect paint flakes with a scalpel. Pack in bags or in folded paper
accident scenes Include some of the material that is placed in an envelope.
underneath if possible. Paint
flakes must not be collected with
tape.
Reference paint samples from all
the layers of paint are taken from
the objects involved. Take
reference samples from material
next to any damaged material.
Check for any cross transfers of
paint. In the vent of such
transfers, collect reference
samples from both objects.
Collect any intact paint flakes that Pack in a small plastic box.
it may be possible to physically
match with the paint on the
damaged object. Protect the
edges of these flakes.

The checklists are only meant as a guide and not as a substitute for critical thinking.
In some cases certain items can probably be left out, while others must be added.

The Collection and Preservation of Materials from Fire Scenes

Type of Procedure Packing/storage

evidence/samples
Residual liquids from Close the original package/bottle
the fire scene if it is undamaged and does not
leak. Otherwise, pour the liquid
into glass bottles of the type used
in sampling kits for diesel fuel.
69
Place empty original
packages/bottles in fire bags
and seal in accordance with the
accompanying instructions.
Package liquid that is poured
into a glass bottle in a transport
container together with
vermiculite. Place the transport
container in an outer cardboard
box; the package now meets
postal distribution requirements.
Place an original package
containing liquid in a fire bag,
seal it and place it in a
cardboard box together with
vermiculite.
 Spilled liquids can be soaked up
with kitchen rolls. Send a piece of
the kitchen roll too as a blind
sample.
Material from a fire Collect any material that may
scene for flammable contain flammable liquid
liquid analysis residues, e.g. carpets, wooden
floors and insulation.
The checklists are only meant as a guide and not as a substitute for critical thinking.
In some cases certain items can probably be left out, while others must be added.
The Collection and Preservation of Materials from Explosions
Type of Procedure
evidence/samples
Explosives Collect all residues of suspected
explosive materials at the crime
scene. In the case of large
quantities, send only pea-sized
pieces to the PNP CL for
investigation.
Pack.
Explosive remnants Moisten a clean cotton glove or
rag with acetone. Wipe surfaces
that are suspected of being soiled
with explosives. Let the glove/rag
dry in the air for a few minutes.
Also take a zero sample both of
the surroundings and of the
sample.
Explosive’s packaging Collect all intact explosive
packaging and fragments that are
found at the crime scene.
70
Package the kitchen roll with
absorbed liquid in a fire bag.
Seal the bag in accordance with
the accompanying instructions.
Package in fire bags and seal in
accordance with the
accompanying instructions.
Prevent holes from forming in
the bag by wrapping sharp
objects in kitchen rolls etc. Large
pieces of material that cannot be
cut up should be packaged in
large unused metal boxes with
tightly fitting lids.
Packing/storage
Package in clean, dry glass
vessels (tubes) or plastic
vessels with tightly fitting lids.
Package in test tubes/plastic
containers. Do not use screw
caps. Only a few grains can be
sent by mail.
Package in sealed fire bags or
glass jars with airtight seals.
Package in sealed fire bags or
glass jars with airtight seals.
Detonators Undetonated or home-made
e.g. blasting caps detonators are to be recovered
by specially trained personnel.

Collect all fragments of detonated Package in sealed fire bags or

blasting caps that can be found glass jars with airtight seals.
on the scene.

Batteries, electrical Collect all material that may be Package in sealed fire bags or
wiring, timers, tape connected with the bomb. Look glass jars with airtight seals.
etc. out for material that may be
connected with timing devices.

The Collection and Preservation of Firearms

Type of Procedure Packing/storage

evidence/samples
Keep calm and take your time. Wet or bloodstained weapons
Firearms found or Safety first! must be dried at room
received  Photograph the weapon on site: temperature before being
where was it? packaged in a suitable box.
 Do not handle the weapon
without gloves on account of Weapons found in water must
fingerprints. be saturated with thin lubricating
 Always point the barrel of the oil and sent to the PNP CL.
gun in a safe direction (barrel, chamber and receiver)
 Take out the magazine, leaving The bolt is especially important.
Pistols the cartridges inside. The aim is to prevent oxygen in
 Raise the slide catch lever and, the air coming into contact with
if possible, thumb it up to arrest the metal, causing it to oxidize
the slide in the open position. (rust) and thus destroying some
of the evidence.
Double-barreled  Point the weapon in a safe Mark and place in a dry plastic
rifles direction. evidence bag.
 Open the rifle. Some rifles have
ejectors that eject the cartridge
cases. Watch where they land!
 Make a note of the make and
the location of any
cartridges/cases before
removing them.
Other types of  Get help from weapons experts, Mark and place in a dry plastic
firearms preferably scene-of-crime evidence bag.
officers or the PNPCL;
alternatively from weapons
instructors, firearms dealers,
military personnel etc.
71
Bullets and  Bullets and cartridge cases Wrap each bullet in kitchen rolls
cartridge cases must not be handled with tools or similar material and package
that make marks (such as pliers in small plastic boxes.
and forceps). Write any notes on the box,
 Moist or blood-stained materials never on a bullet or case.
must be air-dried at room
temperature. Rust or oxidization
may destroy evidence.
 Bear in mind the risk of blood
infection from blood-stained
materials.
Bullets trapped in an  Photograph the object in which Mark and place in a dry plastic
object the bullet is trapped together evidence bag.
with a measurement scale or
similar object that can be used
as a measurement reference.
Take an overall view and
detailed views.
 Take away the whole object if
possible. If this is not possible,
uncover the area where the
bullet is located. Leave a good
deal of the material surrounding
the bullet.
 If the bullet must be uncovered
on site, remove the material
around the bullet carefully so
that it can be detached without
being touched.
 If possible, avoid damaging the
entry hole.
Fasten the object in a cardboard
Knives, axes, box so that it is not moved in
hammers etc. transit. Do not use tape.

The Collection and Preservation of Documents and Information and Computer

Technology (ICT) Materials

The collection and preservation of ICT materials is one of the most commonly overlooked
procedure by investigators. Yet, ICT materials may provide vital clues to the solution of
the case and it could now actually be presented as evidence against the suspect. It is
therefore important that the proper procedures are followed in its collection. The PNP
has only recently acquired the capability to process ICT materials through the Criminal
Investigation and Detection Group (CIDG).
Type of Procedure Packing/storage
evidence/samples
Handwritten Recover the original documents Lay each document flat in
documents and available reference separate plastic folders marked
documents. Photostat copies are with a label. Do not mark or fold

normally not acceptable. Try to find documents. Do not use staples,

as many reference documents as labels or tape on the documents
possible, preferably originals or
otherwise legible copies.

Recover the original documents. Package like handwritten

Modified documents, Photostat copies are normally not documents.
in which text has acceptable.
been deleted or
overwritten
Make a series of copies on the Package like handwritten
Photostat copies of
questioned machine. Sometimes documents. If the copier has
documents for the it may be necessary to seize the been seized, it should be
purposes of copier. Consult the PNP CL first. handled and packaged in the
comparison with same way as a computer.
copies from a
questioned copier
Consult the PNP CL first. Seize Package all documents like
Forged documents,
all types of suspected forged handwritten documents. Protect
printing equipment, documents and all material that is printing plates and film from
shredding waste, suspected of having been used in scratches and other damage.
wastepaper, inks etc. the printing process.
Personal documents Seize all suspected forged Package like handwritten
such as passports, personal documents. Send them documents.
driving licences, to the PNP CL for examination of
identity cards their authenticity and comparison
with other forgeries.

Banknotes Seize all suspected forged Package like handwritten

banknotes. Send them to the documents.
PNP CL for examination of their
authenticity, comparison with
other forgeries and registration.
73
 Seize all documents that may be Package like handwritten
Typewritten
relevant to the investigation. documents.
documents
Seize typewriters, used disposable Package like handwritten
Typewriters ribbons and daisy-wheels and type documents. If the typewriter has
balls, where appropriate. It is not been seized, it should be
normally necessary to send a
typewriter to the PNP CL for a handled and packaged in the
comparative examination. Instead, same way as a computer.
type all characters twice with the
ribbon in place and twice with the
ribbon removed, as well as the
questioned text, in whole or in part.
Send the typewritten samples and any
disposable ribbons, daisy-wheels and
type balls to the PNP CL for
comparison.
Stand-alone Do not start up equipment that is Handle all computer material
computer equipment shut down. with the utmost caution.
(not connected to a Computers must be carefully
Only shut down turned-on
network) packaged since they are
equipment when you have made
sure, that this is appropriate. sensitive to impact. Preferably,
they should be packaged in
A document that is open and corrugated cardboard boxes
visible, for example, may be
encrypted when stored.
Shut down the equipment
correctly in accordance with the
manufacturer’s instructions.
Photograph and video film the
equipment.
Seize all peripheral devices such
as printers, scanners, modems
etc.
Attach tags to all cables and
equipment
Reference typewriter If the suspected typewriter is not Package like handwritten
sample for typewriter available, documents that are documents.
examination known to have been written on
this machine can be recovered
for the purposes of comparison
with the questioned documents.

Paper with indented Collect all paper where which
writing indented writing is suspected of
(i.e. indentations occurring. Examine only in
created by writing on a oblique light. Striking through
sheet of paper above) text with a pencil may make it
impossible to continue the
examination.
Package writing pads and paper
so that they are not exposed to
further compression. The he
questioned material can, for
example, be sandwiched
between two sheets of
cardboard.

74
The Collection and Preservation of Computers and Peripheral Devices

a. Make sure that no suspects or unauthorized persons gain access to the

equipment.
b. Protect the equipment from alterations. Keep it away from other electrical
equipment, mobile phones, radios etc.
c. Do not start up equipment that is switched off.
d. Switch off equipment that is running only when you have made sure that this
is appropriate. A document that is open and visible, for example, may be
encrypted when stored.
e. Handle seized equipment carefully. Never move equipment that is running.
f. Also seize any manuals and other documentation relating to the seized
equipment.
g. Label seized equipment, including cables, in such a way as to facilitate later
analysis. Describe how the equipment is connected.
h. Photograph/video film the equipment in site.
i. Make a note of all the measures that have been taken. Record any images
on the screens of the equipment that is seized, e.g. by photographing or video
filming them.
j. Do not make any analyses of your own unless you have the training to do
so. Contact a specialist if you are not sure.
k. Look for records of passwords, log-in identities etc.
l. Note that organizers, mobile phones etc. may contain passwords for
logging in or for computer files.
m. Digital evidence on the Internet can only be collected by specialists.
n. In the case of small networks, network components such as servers,
switches, hubs, routers etc. should be seized too, if such a measure is
proportionate to the offence. In the case of larger networks, evidence will
normally have to be collected in site. Specialists must do this.
Type of Procedure Packing/storage
evidence/samples
Computer equipment Follow the instructions under Transport and package like
connected to a stand-alone computer equipment computers.
network (e.g. above, in addition to which the
Desktop, laptop, USB server must be seized.
flash drives, external
hard drives) Normally, a large number of
computers are connected to a
network.

The network cable from the

computer is connected to one of
these units, i.e. a repeater, hub,
gateway or router. In the case of
small networks this kind of
equipment can be seized too.

With regards to larger networks,

the examination must take place
on site.
Remember that computers and
peripheral devices may be
connected by wireless networks.
For example, laptop computers
may be connected to nearby
servers, where all important
information is stored.
When in doubt, contact the IT.
Peripheral devices Seize all types of data media at Transport and package like
the site, including CD ROMs, computers.
diskettes, Zip disks etc.
Seize manuals and other printed
documentation relating to the
equipment, as well as unused
paper in printers and fax
machines.

Other information Mobile phones, personal digital
transmission assistants (PDAs), small
equipment electronic diaries, fax machines,
mini calculators, typewriters.
Video tapes of all Protect video tapes against
sizes and formats accidental over-recording by
breaking off the plastic tab and
make a note that this has been
done. Video tapes must not be
played more than necessary. If a
tape appears to be dirty, damaged
or worn, it must not be played at
all. In addition, dirty video tapes
may damage the recorder. Specify
Transport and package like
computers.
Video tapes should normally be
stored at normal room
temperature and not exposed
to high atmospheric humidity or
stored in a place where there is
a risk of interference from
magnetic fields.
Handle video tapes carefully.
 the sequences on the tape that They are sensitive to impact
are relevant to the investigation. and must be carefully
packaged. Use well padded
Make sure that the video tape is envelopes that are carefully
the original. Copying usually leads sealed. If the filling consists of
to impaired image quality. A copy padding or paper, the tapes
of the video tape can be made if should first be packaged in a
the original tape is needed for the dustproof inner bag.
investigation. Enclose the
case/wrapper.
Photographs Any image material that is sent Transport and package like
/negatives and other should be the original copy, or as video tapes. In addition, back
image material close to the original as possible. the images with cardboard to
Copying usually leads to impaired avoid crinkling/folding in transit.
image quality.
If digitally stored images are found
(see peripheral devices above), it
may be worth looking for the
original in the form of
photographs, negatives, printer
images or other types of images.
The quality of digitally stored
images may also vary. If that is
the case, enclose all the images.
Recording Do not turn on equipment that is Transport and package like
equipment, video shut down. Shut down turned-on computers.
cassette recorders, equipment correctly in accordance
video cameras, with the manufacturer’s
cameras etc. instructions. Enclose batteries,
network cables and/or battery
charging units.
Other equipment See Peripheral devices under Transport and package like
related to image IT/computer material. computers.
information
Audio tape If the tape is in a tape recorder, If there are any storage boxes
recordings take it out. for the tapes, use them.

Do not touch the magnetic tape Otherwise they can be placed

with your fingers.
Protect cassette recordings from
over-recording/
erasure by removing the small
tabs on the cassettes.
Always let tapes acclimatize to
room temperature and
atmospheric humidity before use.
Tape recorders, Seize and label all the equipment
microphones battery that was, or was suspected of
in separate sealable plastic
bags.
Do not place tapes near
equipment that generates
magnetic fields (e.g.
loudspeakers, transformers,
VDUs, electronic equipment).
Magnetic tapes must be stored
cool, not above room
temperature.
eliminators etc. being used for the recordings.
Make a note of the make, model
and serial number of each piece of
equipment. Make a note of the
way the equipment is connected if
there is anything unusual about it.
Audio recordings on See the instructions on handling
CD, CD-R and CD-RW tapes above. In addition, note the
following. Although desirable, it is
risky to mark CDs. If worse comes
to the worst, this may make the
disc unplayable.
If it is difficult to play the disc on
account of dirt, it can be carefully
wiped with a soft lint-free rag.
Suppliers‟ answering Find out the telephone number
machine messages and the answering machine code,
Caller ID compatible i.e. not the telephone pin code or
or equivalent SIM card pin code.
Mobile Phones Don’t mess with it! If you don’t Place the phone in an approved
remember anything else, container. A study found that
remember this point. Don’t push the triple layers of tin foil
any buttons or try to extract any actually worked better than the
information on your own. Do not $25 cell phone evidence bag
pull out the SIM card. A simple available in the US.
static spark can delete the whole
card.

Get PIN number if possible. No

PIN, no info.

Power the phone down. If you’re

sure it’s not PIN protected, or you
just don’t knows, the simplest way
to preserve information on a cell
phone is to just turn it off.

The checklists are only meant as a guide and not as a substitute for critical thinking.
In some cases certain items can probably be left out, while others must be added.

“It is not enough to do good; one must do it the right way” (John Marley)
PROCEDURE FOR SUBMITTING EVIDENCE TO THE CRIME LABORATORY FIELD
MANUAL ON INVESTIGATION OF CRIMES OF VIOLENCE AND OTHER CRIMES (2011),
PART III CHPTER 7)

There are situations where the Investigator-on-Case or even the First Responder
may have to collect evidence such as under tactical situations or those which otherwise
would be contaminated or destroyed if it remains uncollected. In such cases, all
evidence collected under similar circumstances shall be turned-over to the investigator-
on-case with the proper documentation and description on how it was collected. The
investigator-on-case shall then determine which evidence will need further laboratory
examination. The Investigator shall observe the following procedures for the proper
submission of evidence to the Crime Laboratory. (A standard sample shall be
collected by the Crime Laboratory as necessary for comparison.)

7.1 General Information

a. Should there be any query pertaining to the laboratory services in your area, prior
coordination with Crime Laboratory Office shall be made before submission of your
evidence. This can often be cumbersome but can expedite the evidence reception
process.

b. Submit only items that need analysis.

c. Be cognizant of the cross contamination with regard to your packaging.

Placing multiple unsealed items in one bag may lead to the eventual elimination of that
evidence.

d. All potential Bio-Hazard items must be plainly marked with Bio Hazard
stickers which are available from supply companies. If evidence is suspected of being
contaminated with Hepatitis B, HIV, or other contagious viruses, it must be noted on the
„Request for Examination of Evidence‟.

e. The laboratory will not re-analyze evidence previously analyzed by an outside

laboratory for the same type of examination.

7.2 Paperwork

a. Evidence submitted must be accompanied by three “Request for Examination

of Evidence” forms consisting of one original and two photocopies. Another copy will
be presented by the police.

b. In addition, all Bio/Chem or DNA evidence requires a completed “Bio-Chem”

form. Relative to this, refer to the DNA submission section for information relating
specifically to the submission of DNA cases.

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c. Ballistics Cases must be accompanied by an additional “Request for

Examination of Evidence” form when submitted in conjunction with other
examinations.

d. The original and all copies of the „ Request for Examination of Evidence‟ forms
will be individually signed by the person delivering the evidence.

7.3 Evidence Packaging/Marking and Sealing

a. Acceptable packaging containers (depending on the type of evidence) include:

1) Paper bags
2) Plastic bags (clear plastic is preferred for drug cases)
3) Boxes - sturdy cardboard
4) Manila envelopes
5) Small glass vials (typically arson and liquid drugs)
6) Metal cans (typically
arson) b. Acceptable seals
1) Tamper-proof evidence tape
2) Reinforced packaging tape
3) Heat seal

A package is considered as sealed if the contents are properly secured in

place and the seal/container is not tampered.

Manila Envelope Clasps, Ziplock Bags And Staples Do Not Constitute An Acceptable
Seal.

The person sealing the evidence shall place his initial or individual identifier
across the seal or tape on the package.

c. Information on each package should minimally include:

1) Name of the Agency
2) Agency case number
3) Item number
4) Date
5) The investigator‟s identifier

d. Additionally, packaging of evidence should include:

1) Where the item was found
2) By whom
3) Date & time found
4) Description of item

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Crime scene reconstruction

 Crime scene reconstruction is the use of scientific methods, physical evidence, deductive
reasoning and their interrelationships to gain explicit knowledge of the series of events
that surround the commission of a crime. (Association for Crime Scene Reconstruction,
The Scene, 4(1), Jan 1997, p. 2).
Criminal profiling
 The application of psychological theory to the analysis and reconstruction of the forensic
evidence that relates to an offender’s crime scenes, victims and behaviors. (Turvey, B.,
"CP101: An Introduction to Criminal Profiling", Online Course, http://www.corpus-
delicti.com, May 1997.)
Introduction
 While both of these activities may appear to be similar and are in fact related, it is
important to note that they are not the same. The difference between the two is most easily
understood by looking at which questions about the crime they attempt to answer. Crime
Scene Reconstruction looks at the physical evidence and attempts to determine "What
happened?" and "How did it happen?” Criminal Profiling looks at the physical evidence
and the reconstruction and attempts to determine "Why this may have happened?" and
"What does that tell us about who may have done it?” It is important to keep in mind that
only those directly involved in the crime know for sure what happened and why, and they
may be unable or unwilling to say.
 Why is it important to reconstruct the crime prior to profiling the offender? The answer is
simple; until you know what happened, and how it happened (at least as much as
possible), you have no basis for attempting to determine why and who.
Types of reconstruction
1. Specific Incident Reconstruction (Traffic Accident, Homicide, Bombing, etc.).
2. Specific Event Reconstruction (Sequence, Direction, Condition, Relation, Identity).
3. Specific Physical Evidence Reconstruction (Firearms, Blood, Glass etc.).
In any given scene it may be possible to do a total or only partial reconstruction, and the
reconstruction may use more than one technique (i.e. both trajectory and blood stain pattern
reconstruction to locate the position of the victim). Some scenes lend themselves to reconstruction better
than others. Traffic accidents are common scenes to reconstruct and often can be thoroughly
reconstructed. Vehicles are rather massive objects that obey the laws of motion and often leave a wealth
of physical evidence behind before, during and after an accident. It may be possible to show the entire
sequence of events from the time the vehicles first enter the area of the accident until they come to rest
following the accident.
Scenes involving the movement of people are more difficult. While it may be possible to say
where a person was in the scene at several points in time, the manner in which they moved in the scene
cannot be reconstructed. People may move slowly, quickly, hesitantly, jump up and down, run, skip, and
fall down, etc. all without leaving any particular trace behind. That said there are of course the odd cases
where the amount and type of physical evidence does allow the paths of the participants to be tracked
with some accuracy; however, the vagaries of facial expression, gestures, and body language are simply
impossible to reconstruct at all.
Below are some examples of the types of information which reconstruction may provide, again,
this is not an all-inclusive list. Some items also appear in more than one category, and it may be possible
to use information from several areas to complete or validate the final reconstruction.
Examples of Types of Reconstruction:
 Blood and Blood Stain Pattern Analysis
 Identity of victim/offender.
 Position and location of the victim.
 Position and location of the offender.

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 Movement by the victim/offender in the scene.

 May identify the location of the scene (if the victim is removed and left elsewhere).
 May indicate a staged or secondary scene.
 Minimum number of blows struck.
 Type of weapon used.
 Documents
 Reassemble torn/shredded papers.
 Recovery of obliterated writing.
 Firearms
 Trajectory.
 Shooting distance.
 Position and location of the victim.
 Position and location of the offender.
 Sequence of shots.
 Direction of shots.
 Possibility that the wound(s) could have been self-inflicted.
 Identification of weapon used may link serial cases.
 Functional Evidence
 Does the weapon or vehicle function properly?
 Semi-automatic with slide locked back may indicate last round was fired.
 TV or coffee pot on at scene.
 Do door/window locks properly secure?
 Glass
 Direction of break (from which side of the glass).
 Sequence of shots (it should be noted that current research indicates that sequencing of
shots through laminated automotive glass is not reliable).
 Impression Evidence (Fingerprints, shoe prints, tire tracks).
 Identity of victim/offender.
 Place victim/offender at the scene and at specific sites in the scene.
 Fingerprints may indicate where the offender/victim was in the scene or how an object
was held.
 Shoe prints may show location in and movement through the scene.
 Tire tracks may show vehicle position and direction of travel and may indicate the type
of vehicle driven.

 Ligature
 Type of ligature used (if missing).
 Use of same/similar ligature can be used to link serial cases.
 Type of ligature used may indicate offender’s occupation or interests. (i.e. rope tied with
knots commonly used by dock workers or climbers).
 Pathology
 Manner of death (Homicide, Suicide, Natural, Accidental).
 Time of death (approximate).
 Cause of death/weapon used.
 Time before incapacitation from wounds (approximate).
 Whether injuries were sustained pre- or post-mortem.
 Identity and/or age of victim.
 Was victim sexually assaulted, and in what manner.
 Possibility that the wound(s) could have been self-inflicted.
 Physical Match (Reassembly of broken objects).
 Bombs.

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 Vehicle lamps, mirrors and windows.

 Aircraft which have crashed and/or exploded.
 Relational/Positional Evidence
 Blood drops on the threshold of a door indicate that the door was open when the blood
was shed.
 Location of other objects and their condition may also indicate a variety of things
depending on the specifics of the crime.
 Trace Evidence
 Trajectory of projectiles based on retention of material through which they have passed.
 Place offender/victim at the scene, and at specific sites in the scene.
 Describe the environment of an unknown crime scene.
 May indicate offender occupation.
 Vehicle positions, speeds, sequence of accident events.
Information needed for reconstruction
 Generally speaking it is best to go to the scene, preferably at the time of the incident. Information
may come from physical evidence, witness statements, and the reports of other experts. The
reconstructionist should examine all scene photographs, autopsy protocol and photographs,
measurements, drawings, notes, reports and items of evidence. Complete and accurate
documentation of the scene is essential. Depending on the type of reconstruction being done this
may include some different things such as the height and vertical/horizontal angles of shots into a
wall, or the length and width of a bloodstain.
Steps in Reconstruction
1. Recognition of evidence.
2. Documentation of evidence.
3. Collection of evidence.
4. Evaluation of evidence.
5. Hypothesis.
6. Testing.
7. Reconstruction.
Step 1: recognition of evidence is arguably the most important, as Lee points out "Unless the potential
evidence can be recognized, no further reconstruction can be carried out."
Steps 1-3: recognition, documentation and collection of evidence, are the heart of any successful scene
investigation, and form the basis for the reconstruction.
Step 4: evaluation of evidence, examines the evidence (possibly following laboratory analysis) and looks
at what information the evidence provides, and how reliable it is. At this time any witness statements
should be compared to the evidence to see which parts of the statements can be supported or refuted by
the evidence.
Step 5: hypothesis, is the formulation of an idea of how the event(or portions of it) occurred. This is not
merely conjecture and should be firmly supported by the evidence.
Step 6: testing, looks to see how the hypothesis developed in 5 can be validated. This is accomplished by
checking the evidence against known physical laws or devising a test to attempt to replicate the event (or
the relevant segment).
Step 7: reconstruction, is the reporting of the results of the analysis. The results are reported as a range,
where the event (or portions of it):
1. Can be shown to have occurred in a given manner.
2. Can be shown to be likely to have occurred in a given manner.
3. Can be shown to be unlikely to have occurred in a given manner.
4. Can be shown not to have occurred in a given manner
Application to profiling
 The reconstruction forms the foundation from which the profiler can begin. The reconstruction
provides answers about what happened and how it happened. From there the profiler can begin

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asking "Why?" questions. Questions of "Why?" are not answered by the reconstruction. Neither
are questions of Intent and Motive. Attempts to answer these questions may be investigatively
useful, but lack the firm support of evidence required of reconstruction. Authors on both
reconstruction and profiling speak of mentally re-enacting the events of the crime; again, this can
be investigatively useful, but is not reconstruction.
 As profiling is intended as an investigative tool, it attempts to go beyond the reconstruction, and
answer questions of intent and motivation. From these admittedly subjective answers it can
provide a clearer picture of the offender.
 As an example, take a scene where the reconstruction shows as Event 1- "Subject breaks into
residence through rear window. Window lock was previously secured and was jimmied with a
thin, wide, black metal pry bar." Based on this information the profiler can begin to look at
"Why?". Why did the offender choose this window? Why did he use this method of entry? Has it
worked for him in the past? Where did he get the pry bar? Did he bring it with him or acquire it at
the scene? The profiler can continue in this fashion through the scene, looking at the known facts,
and then attempting to address the motivations behind the known actions. Working through the
scene in this manner will also serve to highlight both the Modus Operandi and Signature aspects
of the crime.
 Modus Operandi is the "method of operation", those things that the offender does which are
necessary for the completion of the crime (method of entry, use of a weapon to control the victim,
etc.).
 Signature is defined as those things done by the offender which are not necessary for the
completion of the crime, but which the offender must do to satisfy himself (use of complex
ligature, sadism, etc.).
 The reconstruction may show a sequence of events or actions that are unnecessary in the
commission of the crime. In serial cases the recurrence of the same sequence at multiple scenes,
or the modification of parts of it, may also assist in this determination.

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CRIME SCENE
CHAPTER VIII INVESTIGATION

CRIME SCENE INVESTIGATION

a. What is Crime Scene Investigation?
 Crime scene investigation (CSI)
o Crime scene investigation is the often-used term relating to the process associated with the
investigation of criminal event. More specifically, it is the systematic process of documenting,
preserving, and interpreting physical evidence associated with an alleged crime scene, in an
effort to determine the truth relating to the event in question (Dutelle, 2014, p.6).
o Crime scene investigation is the process of recognizing, searching, collecting, preserving, and
documenting physical evidence at the crime scene. It covers the process of identifying and
interviewing witnesses and/or victims at the CS, including on-the-spot arrest of suspects. CSI
has two primary objectives, first is to establish what happened, and second is to identify the
responsible persons/s.
 Crime Scene
o Crime scene is said to be the “treasure island”, when it comes to criminal investigation. It is
because pieces of evidence are mostly found in the crime scene, which are very relevant for the
solution of the crime. The term crime is also defined as any act or omission punishable by law
forbidding or commanding it. It is the place from which most physical evidence associated with
crime will be obtained.

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b. Golden Rule at the Crime Scene

 It is true that the investigating team must give priority to human life, nevertheless, they must
exhaust whatever means to secure and preserve the crime scene for it contains all the necessary
ingredients for the prosecution of the case. As such, they must reconsider the necessary steps in
order to collect all available evidence and maintain the integrity of the crime scene
o “Do not touch, alter, move, or transfer any object at the crime scene unless it is properly
marked, measured, sketched and/or photographed.”
o Some emphasizes the golden rule by inculcating in their minds that they must NOT MAC the
crime scene in investigation
o MAC” rule which simply stand for:
 1. Mutilate - meaning do not remove anything from the crime scene.
 2. Alter - do not change anything in the crime scene; and
 3. Contamination - do not add anything to the crime scene
o Investigators must also take into consideration, those transient evidence or fragile evidence.
o Transient evidence - are those evidence which when not collected at appropriate time may
diminish or lose its value such as urine, blood, semen, etc., on the other hand fragile evidence
are those evidence which may be broken if collected inattentively.

Types of crime scene

As to location:
1. Indoor crime scene
2. Outdoor crime scene
 Open locations including crime scene inside the vehicle, airship and vessel.
3. Continuing/Running crime scene
 Mixed location from indoor to outdoor or vice-versa, or continuing outdoor alone, or from
one place to another of the same jurisdiction, or from one place crossing to another area of
jurisdiction.
As to time of commission
1. Day time crime scene
 From sunrise to sunset.
2. Night crime scene
 From sunset to sunrise.

GENERAL INVESTIGATION PROCEDURES (2013 REVISED PHILIPPINE NATIONAL

POLICE OPERATIONAL PROCEDURES)

Upon receipt of call/walk-in complainants

Duty Desk Officer shall:
a. Record the time it was reported;
b. Get the identity of the caller/complainant;
c. Get the place of the incident;
d. Get the nature of the incident;
e. Get the number of victim/s;
f. Record a brief synopsis of the incident;
g. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first
responder equipped with “police line” to secure the place of incident a camera; and
h. Inform the duty investigator (preferably one team of investigators).

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Duties of the First Responder

a. Proceed to the crime scene to validate the information received;
b. Record the exact time of arrival and all pertinent data regarding the
c. incident in his issued pocket notebook and notify the TOC;
d. Cordon off the area and secure the crime scene with a police line or whatever available
material like ropes, straws or human as barricade to preserve its integrity;
e. Check whether the situation still poses imminent danger and call for back up if necessary;
f. Identify possible witnesses and conduct preliminary interview and ensure their availability
for the incoming investigator-on-case;
g. Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing, make
appropriate notification for dragnet operations;
h. Prepare to take the “Dying Declaration” of severely injured persons with the following
requisites:
1.That death is imminent and the declarant is conscious of that fact;
2.That the declaration refers to the cause and surrounding circumstances of such death;
3.That the declaration relates to facts which the victim is competent to testify to; and
4.That the declaration is offered in a case wherein the declarant’s death is the subject of the
inquiry. (Section 37, Rule 130 of the Rules of Court).
i. Evacuate the wounded to the nearest hospital using emergency services;
j. Account for the killed, wounded and arrested persons for proper disposition; Conduct initial
investigation; and
k. Brief the investigator-on-case upon arrival and turn over the crime scene.
l. Conduct inventory on the evidence taken at the crime scene; Inventory receipt should be
properly signed by the first responder, SOCO and the investigator.

If in serious condition
1. Bring the victim immediately to the nearest hospital using emergency services;
2. Photograph and make a sketch of the victim (if the victim is dead);
3. Get the dying declaration; if necessary (ask 3 questions)
a) Ano ang pangalan at address mo?
b) Kilala mo ba ang gumawa nito sa iyo?
c) Sa pakiramdam mo ba ay ikamamatay mo ang tinamo mong sugat?

However, if there is still a chance to ask more questions, then follow-up should be done. The statement,
once reduced into writing, shall be duly signed by or with thumb mark of the victim.

If not in serious condition

1. Bring the victim immediately to the nearest hospital using emergency services;
2. Get the identity and other data of the victim;
3. Get initial interview from the victim

Note: The other member/s of the first responders shall remain at the crime scene to secure the premises.

If the suspect is arrested at the scene

1. Get the names of the persons who turned-over or arrested the suspect.
2. Isolate the arrested suspect/s and separate them from any probable witness of the incident.
3. Record what time the suspect was arrested.
4. Wait for the investigator to interview the suspect.
5. If the suspect volunteers any statement, take note of the time, location and circumstances of the
statements.

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TWO PRIMARY DUTIES OF FIRST RESPONDERS

1. Preservation of life
 The primary duty of an officer responding to a crime scene is to render assistance and
provide emergency services for those who need it (Dutelle A.W., 2014)
2. Secure and preserve crime scene and associated evidence
 It is done by effectively securing the crime scene; the first responder will prevent the
destruction or diminished value of physical evidence. (Dutelle A.W., 2014)

Who are the usual first responders?

1. Patrol officers
2. Firefighters
3. Emergency medical personnel

Investigation Procedure at the Crime Scene

a. Upon arrival at the crime scene

1. Receive the crime scene from the first responder.
2. Record time/date of arrival at the crime scene, location of the scene, condition of the weather,
condition and type of lighting, direction of wind and visibility.
3. Photograph and/or video the entire crime scene.
4. Before entering the crime scene, all investigators must put on surgical gloves.
5. Before touching or moving any object at the crime scene in a homicide or murder case,
determine first the status of the victim, whether he is still alive or already dead. If the victim is
alive, the investigator should exert effort to gather information from the victim himself regarding
the circumstances of the
crime, while a member of the team or someone must call an ambulance from the nearest hospital.
Before removing the victim, mark, sketch and photograph his/her relative position. Only a
coroner or a medical examiner shall remove the dead body unless unusual circumstances justify
its immediate removal.
6. Designate a member of the team or ask other policemen or responsible persons to stand watch
and secure the scene, and permit only authorized persons to enter the same.
7. Identify and retain for questioning the person who first notified the police, and other possible
witnesses.
8. Determine the assailant through inquiry or observe him if his identity is immediately apparent.
Arrest him if he is still in the vicinity.
9. Separate witnesses in order to get independent statements.

b. Recording
The investigator begins the process of recording pertinent facts and details of the investigation the
moment he arrives at the crime scene. (He should record the time when he was initially notified
prior to his arrival). He also writes down the identification of persons involved and what he
initially saw. He also draws a basic sketch of the crime scene and takes the initial photograph (if a
photographer is available, avail his services). This is to ensure that an image of the crime scene is
recorded before any occurrence that disturbs the scene. As a rule, do not touch, alter or remove
anything at the crime scene until the evidence has been processed through notes, sketches and
photograph, with proper measurements.

c. Searching for evidence

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1. Each crime is different, according to the physical nature of the scene and the crime or offense
involved. Consequently, the scene is processed in accordance with the prevailing physical
characteristics of the scene and with the need to develop essential evidentiary facts peculiar to the
offense. A general survey of the scene is always made, however, to note the locations of obvious
traces of action, the probable entry and exit points used by the offender(s) and the size and shape
of the area involved.
2. In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated (In
the interest of uniformity, it is recommended that the clockwise movement be used.) The
investigator examines each item encountered on the floor, walls, and ceiling to locate anything
that may be of evidentiary value.
3. You should give particular attention to fragile evidence that may be destroyed or contaminated
if it is not collected when discovered.
4. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise.
5. Ensure that the item or area where latent fingerprints may be present is closely examined and
that action is taken to develop the prints.
6. Carefully protect any impression of evidentiary value in surfaces conducive to making casts or
molds. If possible, photograph the impression and make a cast or mold.
7. Note stains, spots and pools of liquid within the scene and treat them as evidence
8. Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to the area in
which they are found; for example, matter found under the victim‟s fingerprints.
9. Proceed systematically and uninterruptedly to the conclusion of the processing of the scene.
The search for evidence is initially completed when, after a thorough examination of the scene,
the rough sketch, necessary photograph and investigative notes have been completed and the
investigator has returned to the point from which the search began.
10. Further search may be necessary after the evidence and the statements obtained have been
evaluated.
11. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide.
The policeman may first search the strip on his left as he faces the scene and then the adjoining
strips.
12. It may be advisable to make a search beyond the area considered to be the immediate scene of
the incident or crime. For example, evidence may indicate that a weapon or tool used in the crime
was discarded or hidden by the offender somewhere within a square-mile area near the scene.
13. After completing the search of the scene, the investigator examines the object or person
actually attacked by the offender. For example, a ripped safe, a desk drawer that has been pried
open or a room from which items has been stolen, would be processed after the remainder of the
scene has been
examined for traces of the offender.
14. In a homicide case, the position of the victim should be outlined with a chalk or any other
suitable material before the body is removed from the scene. If the victim has been pronounced
dead by a doctor or is obviously dead, it is usually advisable to examine the body, the clothing
and the area under the body after the remainder of the scene has been searched. This is to enable
the policeman/investigator to
evaluate all objects of special interest in the light of all other evidence found at the scene.

The different methods of searching crime scene

Crime scenes should be searched in order to ensure the collection of every object that may be
relevant to the crime committed. The methods of search include” strip method, double strip/grid
method, wheel method, spiral method and zone or sector method. If the area to be searched is
limited indoors with few contents or any other situation, which will preclude a systematic search, no
standard procedure of search is recommended. Any method of choice will do, provided that

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alertness, knowledge and experience of the participating investigators are present. If the area to be
searched is quite extensive, a more systematic scheme of approach is recommended. The following
are the different methods of search:

a. Strip Method – the searchers (A, B, and C) proceed slowly at the same place along the path
parallel to one side of the rectangle. At the end of the rectangle, the searchers turn and proceed
back along new lanes but parallel to the first movement.

In this method, the area is blocked out in the form of rectangle. The three (3) searchers A, B, and
C proceed slowly the same place along paths parallel to one side of the rectangle. When a piece of
evidence is found, the finder announces his discovery and the search must stop until the evidence has
been cared for. A photographer is called if necessary. The evidence is collected and tagged and the
search proceeds at a given signal. At the end of the rectangle, the searchers turn and proceed along
new lanes as shown in the above illustration.

b. Double Strip or Grid Method – is somewhat similar to Strip Method, the rectangle is traversed
first parallel to the base and then parallel to the side.

c. Spiral Method – there are two types of this method of searching the crime scene depending on
where the searchers will begin the search, either outside or center of the scene. The searchers
follow each other while searching pieces of evidence from the crime scene.

Inward Spiral Outward Spiral

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d. Wheel Method – this type of searching the crime scene is applicable to areas which are
somewhat circular in size or area. In this method of search, the area is considered to be
approximately circular. The searchers gather at the center and proceed outward along radii or
spokes. The procedure should be repeated several times depending on the size of the circle and
the number of the searchers. One coming of this method is the great increase in the area to be
observed as the searchers depart from the center.

Outward wheel Inward Wheel

e. Zone or Sector Method – the area to be searched is divided into quadrants and each searcher or
a group of searcher is assigned to the quadrant.

f. Point to point method of search – Although it is not very systematic method of search, it can
be use in small confined area (Duyogan, 2011).

g. Clockwise and counter clockwise method of search – it is usually applied indoors. These
involves two members of the team, one member will search in clockwise direction searching the
area, from waist up to the ceiling. Then, the other member will search in counter clockwise,
from waist to the floor. Once completed in one round, this will be repeated in reverse process.

h. Link method- the most common and popular way of searching a crime scene and it is a very productive
approach. This method seeks to link the victim, physical evidence, and the scene, to the suspect. This
particular method, however, requires much from an investigator: they must be very observant at the scene,
able to discern the meaning of their findings, and capable of forming logical links between crime scene
activity---and the likely places additional evidence could be found at the scene as a result. (According to
Henry Lee, recognized national forensics expert of the Connecticut State Police )

d. Collection of Evidence

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 This is accomplished after the search is completed, the rough sketch finished and photographs
taken. Fragile evidence should be collected as they are found. All firearms (FAs) found to have
tampered serial numbers (SNs) shall be automatically subjected to macro etching at the Philippine
National Police Crime Laboratory (PNP-CL). A corresponding request to the Firearms and
Explosive Office (FEO) must be made for verification purposes. The investigator places his
initials, the date and time of discovery on each item of evidence for proper identification. Items
that could not be marked should be placed in a suitable container and sealed.

e. Markings of Evidence
 Any physical evidence obtained must be marked or tagged before its submission to the evidence
custodian.
 These are information to ensure that the items can be identified by the collector at any time in the
future. This precaution will help immeasurably to establish the credibility of the collector’s report
or testimony and will effectively avoid any suggestions that the item has been misidentified.

Markings on the specimen must at least contain the following:

1. Exhibit Case Number
2. Initials and or signature of the collecting officer.
3. Time and date of collection.

NOTE: It is also important to note the place or location where the evidence was collected.

f. Evaluation of Evidence
 Each item of evidence must be evaluated in relation to all the evidence, individually and
collectively. If necessary, these pieces of evidence must be subjected to crime laboratory
examination. Example: firearms for ballistic examination, hair strands etc.
g. Preservation of Evidence
 It is the investigator’s responsibility to ensure that every precaution is exercised to
preserve physical evidence in the state in which it was recovered/ obtained until it is
released to the evidence custodian.
h. Releasing of Evidence
 All collected evidence can only be released upon order of the court or prosecutor, as the
case maybe.

i. Chain of Custody
 A list of all persons who came into possession of an item of evidence, continuity of
possession, or the chain of custody, must be established whenever evidence is presented
in court as an exhibit. Adherence to standard procedures in recording the location of
evidence, marking it for identification, and properly completing evidence submission
forms for laboratory analysis is critical to chain of custody. Every person who handled or
examined the evidence and where it is at all times must be accounted for.
 As a rule, all seized evidence must be in the custody of the evidence custodian and
deposited in the evidence room or designated place for safekeeping.
CHAIN OF CUSTODY
(Change of Possession)
The Scene
Evidence – Seal, Markings,
Evidence Log

Evidence Collector (Officer on Case)

Letter Request

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Crime Laboratory
Result
Evidence Custodian
Court order (Subpoena)
Court Presentation

Chain of Custody or Chain of Possession

 Chain of custody or Chain of Possession refers to record of individuals who maintained control
over the evidence from the time it was obtained by the police until it is presented in court (Hess &
Wrobleski, 2006). The chain of custody must be maintained unbroken from the time of the
collection of the evidence until it is presented in court. This chain (custodians) must be kept to a
minimum, ideally one person. However, this is not normally practical in large crime scenes. One
must remember a chain is only as strong as the weakest link. If one person involve in the custodial
chain allows the evidence to become contaminated, altered, misplaced or lost for any period of
time, the evidence once this factor is known, will probably not admitted in court (Peña, 2007,p.
76).
j. Transmittal of Evidence to Crime Laboratory
 Proper handling of physical evidence is necessary to obtain the maximum possible information
upon which scientific examination shall be based, and to prevent exclusion as evidence in court.
Specimens which truly represent the material found at the scene, unaltered, unspoiled or
otherwise unchanged in handling will provide more and better information upon examination.
Legal requirements make it necessary to account for all physical pieces of evidence from the time
it is collected until it is presented in court. With these in mind, the following principles should be
observed in handling all types of evidence:
1. The evidence should reach the laboratory in same condition as when it was found, as
much as possible.
2. The quantity of specimen should be adequate. Even with the best equipment available,
good results cannot be obtained from insufficient specimens.
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen separate from others so there will be no intermingling or mixing
of known and unknown material. Wrap and seal in individual packages when necessary.
5. Mark or label each of evidence for positive identification as the evidence taken from a
particular location in connection with the crime under investigation.
6. The chain of custody of evidence must be maintained. Account for evidence from the
time it is collected until it is produced in court. Any break in this chain of custody may
make the material inadmissible as evidence in court.

SOCO Assistance
a. In cases where the crime scene needs special processing due to its significance or because of its
sensational nature, the Scene of the Crime Operation (SOCO) specialists of the Crime Laboratory
shall be requested.
b. If the situation involves a clandestine drug laboratory, biological weapons, radiological or
chemical threats, the appropriate agency should be contacted prior to entering the scene.

1. Significant Cases:
a) Bombing Incident
b) Initiated terrorist activities
c) Raids, ambuscade, liquidation

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d) KFR case
e) Armed Robbery of Banks and other
f) Financial institution
g) Calamity/Disaster
h) Massacre
i) Heinous crimes (as defined by law)
j) Murder, Homicide, Arson, Rape with Homicide

2. Sensational Cases:
a) Elected Public Officials (Brgy Captain up to President of the RP)
b) Appointed public officials with the rank of commissioner, secretary and
undersecretary
c) Foreign diplomat
d) Any foreigner
e) PNP/AFP personnel
f) Former high-ranking government officials
g) Other prominent figures such as movie stars, sports stars, tri-media
practitioners, prominent businessmen, professionals, and prominent leaders of
religious
organizations.

SOCO Team of Crime Laboratory / Forensic Investigator (2011 DIDM MANUAL)

Coordinate with the Investigator-on-case (IOC)
Require written request for SOCO from the Investigator-on-case
Preparation prior to the conduct of SOCO
Crime Scene approach
Preliminary Crime Scene Survey by the SOCO Team Leader with Investigator-on-case
Narrative description of the Crime Scene
Crime scene photography/videography
Sketch of Crime Scene
Detailed Crime Scene Search
Physical evidence recording and collection
Collection and evaluation of physical evidence with the IOC
Brief the investigator-on-case on the result of the SOCO (for possible operational use).
Final Crime Scene Survey by the Investigator-on-case and SOCO Team Leader
Submit result of SOCO/Inventory of seized evidence to Investigator-on-case.
Certify conclusion of SOCO and lifting of cordon by the IOC.

The CSI team

 In the Philippine setting, CSI is better known as SOCO (scene of crime operation). If this is
done by a group of trained PNP personnel, such group is called SOCO team. In cases where the
evidence encountered needs special processing due to controversial and sensational cases, SOCO
specialists from the PNP crime laboratory group should be requested.
 The SOCO team is composed of:

1. Officer-in-Charge/Team Leader - The one who directs the processing of the crime scene.
2. Assistant Team Leader - The one who implements or executes the order/s coming from
his/her superiors.

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3. Photographer -Takes photograph of all pieces of evidence that are relevant to the crime
committed.
4. Sketcher - Make sketches of the immediate, background and inside the scene of the crime.
5. Master Note Taker - The one who writes in short hand all observations at the crime scene
such as: weather condition, time of dispatch and time of arrival at the crime scene and other
relevant data that’s should be taken down note.
6. Evidence Man -The one in charge in the collection, preservation, tagging of the articles of
evidence found at the crime scene.
7. Measurer -Makes all relevant measurements of the scene such as: the distance of the body of
the victim to the firearm used; in motor vehicle collision, the distances of the two vehicles to
the points of references.

SOME MATERIALS NEEDED IN RESPONDING TO A CRIME

1. Searching Materials – examples: flashlights, magnifier, etc.

2. Sketching Materials – examples: chalk, graphing paper, sketching pad, clipboard, paperboard,
pencil/ballpen, etc.
3. Measuring Materials – examples: compass, tape measure, ruler, etc.
4. Recording Materials – examples: tape recorder, video recorded, etc.
5. Collecting Materials – examples: cutting fliers, knife, screw device, dropper, forceps, fingerprinting
equipment, etc.
6. Preserving Materials – examples: bottles, envelopes, test tubes, evidence tags/label, etc.
Release of Crime Scene
Ensure that appropriate inventory has been provided.
a. Release the scene with the notion that there is only one chance to perform job
correctly and completely.
b. Release is accomplished only after completion of the final survey and proper
documentation.

CRIME SCENE DOCUMENTATION

 Most law enforcement agencies use forms (pre-printed documents) designed to record certain
aspects of CS investigation. These resulted from a trial-and-error approach based on actual case
experiences.
 There is an important point to consider when forms are being drafted for routine use during the
CSI proceeding. Often, there is a tendency to consider forms as means to cover every possibility
that the investigator may confront. Take note that such documents normally serve only as
reminders of the minimum information needed to perform a task. Each CS requires some degree
of deviation from the normal or standard operating procedures. Remember that forms are not
substitutes for thinking. These are merely tools to assist investigators to fully exercise training
and experience to meet the needs of a given situation.

6 important forms of CS documentation:

1. Administrative worksheet
 For documenting major events, times and movements relating to the search efforts. It is also
appropriate in recording initial and continuing management and administrative steps which
are taken to insure that an organized search is accomplished.
2. Narrative description

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 Involves record of the crime scene’s general appearance as first observed. However, extreme
detail regarding evidence or actual collection of evidence is beyond the scope of the narrative
description.
3. Evidence Recovery Log
 It consist the record how physical evidence was recognized, collected, marked, and packaged
for administrative and ‘chain-of-custody’ purposes.
4. Latent-Print Lift Log
 It refers to the record of how fingerprints and other prints at the CS are discovered, collected
(lifted), marked, and packaged.
5. Photographic Log
 It refers to the record on how the CS was systematically documented using still & video
cameras. The log shows the overall, medium, and close-up views of the scene. It contains a
series of photographs of the CS taken in a systematic manner based on SOP.
 The progression of CS photographs is useful in reconstructing the crime. This should be the
progression of shots which the CS photographer should observe.
1. Take long-range photos of the locality, points of ingress and egress, normal entry to
the property, exterior of the building/premises, and street signs or other identifiable
that will establish location.
2. Take mid-range photos of the immediate CS and the location of objects of evidence
within the area or room.
3. Take close-range photos of specific evidence (hairs, fibers, footprints, and
bloodstains)

Three most common methods in documenting the crime scene

A. NOTE TAKING
 Serves as personal record of the search for evidence
 It should be detailed that will remain fully meaningful even months after the event.
 It should begin with the crime scene specialist’s name and assignment to the case.
 It should be supplemented by sketches and photographs of the scene.
 It should be recorded in the order that the observations they pertain to are made, and will not
necessarily be in logical order.
 It should be complete
 ESSENTIAL ITEMS OF INFORMATION TO BE INCLUDED DURING NOTE TAKING
a. Dates, Times, and Location
b. Detailed Description of the Victim and his/her Clothing.
c. Wounds the Victim Sustained
d. A general Description of the Crime Scene
e. The type of Camera and Film Used in Photographing the Crime Scene.
f. Discovery of Each Significant Item of Evidence.
g. The failure to Locate Items

NOTE: Notes are valuable not only as an aid to an accurate recall of events to be testified to in court, but
also to furnish the raw material needed in the written formal report of the case. A different notebook
should be used for each separate case and the notebooks should be kept permanently in a safe place.

B. SKETCHING

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 Refers to the process of recording of information with respect to its location, position,
measurement, orientation and details of findings in a sketch pad through symbols, arts and
figures.
Crime scene sketch

 The record of physical evidence locations, as well as measurements showing pertinent size and
distance relationships in the CS. The investigator’s sketch of the CS can be more descriptive than
hundreds of words, just like photographs. The crime-scene sketch assist in interviewing and
interrogating people, preparing the investigation report, and presenting the case in court. The CS
sketch establishes permanent record of items, conditions, and distance/size relationships.
Sketches supplement photographs
 It is the graphic representation of the scene of the crime with complete measurements of the
relative distances items or objects. Sketch includes scales, with important dimensions at the
scene being shown to a good degree of accuracy.

The general kinds of sketch

1. Rough Sketch
 It is the sketch made by the investigator at the crime scene which is full of important
details but without the scale of proportion. This is used as the basis for the finished
sketch.

2. Finished sketch
 It is the sketch with a scale of proportion and drawn by a draftsman which can be used for
court presentation. Rough and finished sketches if requested by the court shall be
presented by the draftsman to clear doubts of the jury.
Legally speaking, for a sketch or diagram to be admissible in court, it must have been the
following descriptions:

1. part of some qualified testimony;

2. relate the observed situations in a crime scene;
3. express or represents the crime scene correctly.

The following are reasons of making sketch:

1. To refresh the memory of the investigators.

2. To express the precise location of objects and their relationship to other objects and its
surroundings.
3. To assist the prosecutor and the judge in understanding conditions at the crime scene.
4. To supplement photographs.
5. To assist in questioning of witnesses and suspects.

Parts of Sketch

The following are parts of sketch that is usually practiced by the Philippine National Police
(PNP). This may vary depending on the sketcher and purpose of sketch.

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1. Title
 It refers to the crime committed or the incident happened such as vehicular accident, homicide
case, drowning, rape care and others.
2. Body
 It refers to the sketch proper to include the position of the victim and other items in the crime
scene. It includes proper measurements of distances of objects in the crime scene.
3. Compass Direction (orientation)
 A standard arrow to indicate the north direction. To find the north without compass, determine
the east where the sun rises. Facing east, your LEFT SIDE is the north direction.
4. Nature of Case
 It refers to the status of the case whether currently committed or days have passed after its
discovery.
5. Location of Incident
 Refers to the pace where the incident happened.

6. Date/Time of Incident
 Refers to the exact time and date of the incident. This can be gathered through interview from
eyewitnesses and other persons in the area.
7. Name of Victim
 The part of the sketch where name of the victim is written.
8. Name of Suspect
 Refers to the part of the sketch where the name of the suspect is written.
9. Legend
 This is usually placed at the bottom of sketch outside the sketch of the scene. Numbers
represent the objects in the crime or letters in order not to unnecessarily crowd the graphic
presentation. Their descriptions are found in the legend.
10. Signatory
 The part of the sketch where the name of the sketcher and the team leader or the officer in
charge are written and signed.
11. Date and Time
 Refers to the exact time the sketch was made.

Some Essential Elements of Sketch

1. Measurements
 This is the element of sketch wherein measurements are shown in the sketch to show accurate
spaces and distances of relevant objects t their point of reference.

Example: The distance of a loaded pistol to the body of the victim and the nearest wall. Point of
Reference must be always on two points to give the exact location of the object by way of latitude
and longitude. The room area must be measured by width and length, together with the heights of the
walls and the size of the door and the direction of its swing.
2. Essential Items
 All items in the scene must be included. Never decide outright that some items are irrelevant.
As you proceed in the investigation, these seemingly irrelevant items will become relevant or
material in the investigation.
3. Scale of Proportion
 It is the element of the finished sketch. It is essential of the finished sketch to the actual size or
measurements at the scene. The scale of 1:50 means that one inch in the sketch measurement is
50 inches in the actual scene measurement.

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4. Victim and Suspect Identification

 This includes the name of the victim. Other identification data may be included if available such
as birth date and birth place.
5. Time and Date
 It includes the exact time of the preparation of the sketch but most importantly the time and date
of the occurrence of the crime should be recorded.

The Specific Kinds of Sketch

The following are sometimes called the kinds of police sketching:
1. Sketch of Locality
 It deals with the vicinity of the crime scene in relation to the environs, to include neighboring
buildings, structures, or means of access leading to the scene. This kind of sketch is applied in
conflagrations, suspended to be arson, indicating the origin of the fire and how is spread
naturally or unnaturally against the wind.
2. Sketch of Grounds
 This is the kind of sketch which illustrates the scene of the crime with the nearest physical
surroundings, such as the room adjacent or opposite the room of the crime scene, the number of
floors of a building or house, the yard and the other natural structures.
3. Sketch of Details
 It includes the positions and exact locations of the physical evidence in the crime scene. It
describes the immediate scene only like the room which the crime was committed and the details
of items in the room.
4. Cross Projection (sometimes called Exploded View or Bird’s Eye View or Floor Plan)
 It also describes the immediate scene only, specifically inside a room as the scene of the crime.
The room is treated as the cardboard box where the side and the cover are collapsed to the same
plane as the bottom. The bottom serves as the floor, the four sides representing the walls and the
cover representing the ceiling.
 The pieces of evidence found on the floor, walls and ceilings are depicted or drawn with
respective measurements with reference points, such as bullet holes, splatters of blood and other
pertinent data.

 According to Bennett & Hess, steps in sketching the CS should follow this procedure:
1. Observe and plan
2. Measure distances
3. Outline the area
4. Locate objects and evidence within the outline
5. Record details
6. Make notes
7. Identify the sketch with a legend and a scale
8. Reassess the sketch

Acording to Peña (2007) methods of Crimes scene Sketching are:

1. Rectangular-coordinate method

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2. Baseline method

3. Center-baseline method

4. Triangular method

5. Compass point method

6. Cross-projection method

Guidelines in sketching:
1. Rough sketch is drawn at scene (normally not drawn to scale) and is used as a model for finished
sketch. Typical contents of rough sketch:
 Specific location
 Date & time
 Case identifier
 Preparer

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 Scale
 Evidence
 Measurements
 Key or legend

*Optional
 Weather conditions
 lighting conditions
 Compass
 Orientation
2. Number designations on sketch can be coordinated with same number designations on evidence
log in many instances.
3. General progression of sketches:
 Lay out basic perimeter
 Lay out fixed objects, furniture, etc.
 Record position of evidence
 Record appropriate measurements-double check
 Set forth key/legend, compass orientation, etc.

C. Photographing the crime scene

Importance of Photography
1.Permanent record of the crime scene
2.The first step in the investigation of any crime is to photograph all aspects of the crime scene
completely and accurately before any of the objects of evidence are removed or disturbed. It is
better to take too may photographs than too few.
3.Reconstruction of the crime scene.

Procedures for Photographing the Crime Scene

1. Record useful information in a series of photographs which will enable the viewer to understand
where and how the crime was committed.
2. Photographs of the broad area of the crime scene should be supplemented by closer shots of
sections containing important detail.
3. Each area or objects should be photographed so that it can be located readily in the overall
pictures which will enable the viewer to gain a clear concept of its position with reference to
other objects at the scene.

Sequential Photographs of the Crime Scene

1. Views of the exterior of the building/vehicle, with relations to other buildings/vehicles, roads,
streets, etc.
2. Points of entry, inside and outside.
3. Points of exit, inside and outside
4. Condition(s) of the crime scene.
5. Area from which valuable articles were removed.
6. Articles left at the scene.
7. Trace evidence, such as hairs, fibers, and cigarette butts.
8. Tool marks and impressions of shoes or tire tracks.
9. Fingerprint and footprints, as well as articles on which there prints may be found.

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Guidelines in photographing the crime scene

1. Begin taking photos ASAP. Plan before photographing.
2. The evidence collectors must not touch or move any evidence once it is located until it has been
identified, measured, recorded and photographed.
3. Document the photographic effort with a photographic log
4. The SLR camera is the best tool in documenting physical evidence & location; the video cam is
the best tool in recording the activities of each team member.
5. Insure that a series of overall, medium & close-up views of the scene is established.
6. Use recognized scale device for size determination when applicable.
7. When a scale device is used, first take a photograph without the inclusion of this device.
8. Photograph evidence in place before collection and packaging.
9. Photograph areas adjacent to the CS- points of entry, exits, windows, attics, etc. consider
feasibility of aerial photography.
10. Photograph items. Places, etc., to corroborate the statements of witnesses, victims and suspects.
11. Take photographs from eye-level, when feasible, to represent scene as it would be observed by
normal view.
12. Film is relatively cheap compared to the rewards obtained. Do not hesitate to photograph
something which has no apparent significance at that time – it may later prove to be a key
element in the investigation.
13. Prior to lifting fingerprints, photographs should be taken 1:1, or use appropriate scale.
14. Photographs must be supplemented by sketches.

The three types of “range” photographs

1. Long range
 Taken to portray the areas as if a person viewing the scene is seeing it from the standing
position. The photographer takes the photograph with the camera at eye level.
2. Mid-range
 Portrays the scene from approximately 10 - 20 feet from subject matter.
3. Close-up
 Approximately 5 feet or less from the subject matter.

Basic Requirements of a Photograph to be Admissible as Evidence in Court

1. Accurate representations
2. Free of distortion
3. Material and relevant
4. Unbiased

Reconstruction of the Crime Scene

 According to the Association for Crime Scene Reconstruction, crime scene reconstruction is, "the
use of scientific methods, physical evidence, deductive reasoning and their interrelationships to
gain explicit knowledge of the series of events that surround the commission of a crime".
 Crime scene reconstruction is a method of solving a crime that starts with the creation of a theory
of how it occurred. Deductive reasoning is then used to clarify and test that theory. Deductive
reasoning is also called top-down logic, and it goes from the general to the specific. One famous
example is, ''All men are mortal. Socrates is a man. Therefore, Socrates is mortal.'' The formulated
theory is then tested by analyzing the evidence at the scene using thorough documentation and
forensic science.
 But it doesn't stop there. It's a dynamic, ever-changing process involving interviews with potential
witnesses, and with living victims and their families. It involves dealing with new evidence as it

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comes up, and often navigating through a maze of lies and deception to find the most truthful story
of what happened and how it happened.
The Process
 A crime scene reconstruction always begins with the victim or victims. If living, the victim
must be interviewed, and if dead, those who were involved or were close to him or her are
interviewed instead. Their background is thoroughly researched as well as their state of mind
and health status. The appearance of the crime scene itself must be photographed and the
locations of all objects in the room carefully documented. Crime scenes must not be altered,
and investigators must approach the scene with an open mind. There are a few basic
questions that investigators must ask at the beginning of a reconstruction, including:

What happened?
Where did it happen?
How did it happen?
When did it happen?
Who was involved?
Why did it happen?

As the investigator considers these questions along with forensic evidence and possible motives, he or she
also considers the fact that the physical evidence always tells a story.

Locard's Exchange Principle

 An innovator and famous contributor to the field of forensic science was Dr. Edmond Locard,
also known as the ''Sherlock Holmes of France''. Dr. Locard wrote, ''It is impossible for a
criminal to act, especially considering the intensity of a crime, without leaving traces of his
presence.'' This idea is known as Locard's exchange principal, which means that in any crime,
there will be some form of evidence from the interaction of the perpetrator with his
environment.

ARREST, raid, SEARCH

CHAPTER IX AND SEIZURE

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OBJECTIVES

After reading this chapter the reader should be able to:

define arrest, raid, search and seizure;
identify and compare the different type of arrest;
identify and compare the different type of search;
identify the requisites in conducting arrest, raid, search and seizure;
demonstrate how to conduct an arrest, raid, search and seizure;

Segment 1: Arresting suspects

 Once the suspect has been located and identified, the next step is to conduct an arrest. All arrest
should be made only on the basis of a valid Warrant of arrest issued by a competent authority,
except in the cases specified under the Doctrine of Citizen’s arrest.

 Arrest
 Arrest is the legal taking of a person into custody in order that he may bound to answer for
the commission of an offense. (Sec 1, Rule 113)
 Arrest is often the first step in criminal proceedings (Hess & Wrobleski 2006).
o In the community’s timeless attempt to keep the public peace through its criminal law,
arrest by police officers is often the first step in criminal proceedings against wrongdoers.
Despite the law’s ideal that a court-issued warrant precede the arrest, there is not often no
time in actual practice to apply for a warrant. The arrest must be made “now or never”.
Because police officers duty often demands that they arrest people without the protection
of warrant, officers must know both the substantive and procedural criminal law of their
jurisdiction (Hess & Wrobleski 2006).
o Substantive law- deals with the content, or what behaviors are considered crime.
o Procedural law – deals with the process, or how the law is applied (Hess & Wrobleski
2006).
 Warrant of arrest
 Warrant of arrest is an order in writing, issued in the name of the people of the Philippines,
signed by a judge and directed to a peace officer, commanding him to take a person into
custody in order that he may bound to answer for the commission of an offense.
 Who may issue warrant of arrest and search warrant?
 Only judges are authorized to issue warrant of arrest and search warrant.
 When warrant of arrest is no longer needed?
 A warrant of arrest is no longer needed if the subject is already under detention.

 How arrest is made?

 An arrest is made by an actual restraint of the person to be arrested, or by his submission to
the custody of the person making the arrest (Sec 2, Rule 113 Revised Rules on Criminal
Procedure)
 In arresting suspects, no violence, unnecessary or unreasonable force should be used and the
person arrested should not be subject to any greater restraint than necessary for his detention
(Sec 2. Rule 113, Revised Rules on Criminal Procedure).
 When arrest is made?
 As a general rule, An arrest may be made on any day and at any time of the day or night (Sec.
6 Rule 113 Revised Rules on Criminal Procedure).

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 Who may conduct an arrest?

 Police officer
 Private person
 Two legal forms of ARREST (Sec 2. Rule 113)
1. Actual restraint
2. Voluntary submission
 Two modes of arrest(Sec 6&7 Rule 113)
1. By virtue of arrest warrant
2. Without warrant of arrest
 Execution of arrest warrant
 The head of the office to whom the warrant of arrest was delivered for implementation must
cause the warrant to be implemented within 10 days from the receipt.
 Within 10 period days after the expiration of such period, the police officer to whom it was
assigned for implementation should make report to the judge who issued the warrant. He
must explain the reasons in case of failure to implement the same.
 Unlike search warrant, which has affixed lifespan of only 10 days from its date of issuance, a
warrant of arrest has no definite period of expiration.
 Even if not served within the statutory period of (10 days), a warrant of arrest remains valid.
It continues valid unless:
 The warrant was recalled by the issuing court
 The respondent was already arrested
 The respondent voluntarily submitted his self to the jurisdiction of the issuing court.
 The respondent died.
Duties of arresting officer
 As provided under section 3 of rule 113, the arresting officer has two primary duties:
1. While arresting the accused/suspect, the arresting officer should inform the cause of arrest
and of the fact that a warrant has been issued to the arrested person.
2. Any police officer making a lawful arrest should take the person arrested without unnecessary
delay and deliver him to the nearest police station or jail.
 In case of warrantless arrest, it is the inherent duty of the arresting officer to detain the
person/respondent and file the proper information within the specified time as provided under
Article 125 of RPC (which has been amended by EO # 272 on July, 25 1987).
 Take note that it is not the physical delivery of the person that is required under the law. What is
legally required is filing the information against the arrested person in the proper court where the
judge has the authority to issue an order of release of confinement.
 EO # 272 amended Article 125 of the RPC (delay in the delivery of detained persons to proper
judicial authorities). It extended the period authorized to detain a person prior to delivery to the
judicial authority. The law requires a police officer to detain a person for some legal ground and
file the appropriate information to the proper judicial authority within the following periods and
conditions:

Periods fixed by law of Delivering a Person to proper judicial authority Article 125 RPC
as amended
TIME PENALTIES
12 Hours Light penalties and their equivalent
18 Hours Correctional penalties and their equivalent
36 Hours Afflictive / Capital Penalties and their equivalent

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 PERSON EXEMPTED FROM ARREST

1. Senators and Representatives
 If the congress is having its session and the offense filed against them is punishable by not
more than 6 moths of imprisonment. (Art VI, Sec. 6 1987 Philippine Constitution)
2. Diplomatic agents-(Sec 4, R.A 75)

SOP in SERVING ARREST WARRANT (Rule 14, Sec 5, 2010 PNP Operational Manual)
1. Verify the validity of the warrant and request for an authenticated copy form the issuing
court;
2. In serving the warrant, the police officer should introduce himself and show proper
identification;
3. Make a manifestation of the authority against the person to be arrested;
4. If refused entry, the police officer may break into any residence, office, building, and other
structure where the person to be arrested is in or reasonably believed to be in, after
announcing his purpose;
5. The police officer need not have a copy of the warrant in his possession at the time of the
arrest. If the arrested person so requires, the warrant shall be shown to the arrested person as
soon as possible.
6. Secure the person to be arrested;
7. Conduct thorough search for weapons and other illegal materials on the person arrested and
surroundings within his immediate control;
8. Inform the person to be arrested of his rights under the Miranda Doctrine;
9. No unnecessary force shall be used in making the arrest;
10. Confiscated evidence shall be properly documented;
11. Bring the arrested person to the Police Station for documentation;
12. Make a Return of Warrant to the court of origin; and
13. Deliver the arrested person to jail/prison upon the issuance of a commitment order of the
court.

 The officer must inform the person arrested of the cause of the arrest and of the fact that a
warrant has been issued for his arrest. Exceptions to this are as follows:
1. When the person to be arrested attempts to escape
2. When he forcibly resists before the officer has the opportunity to inform him
3. When giving such information will endanger the arrest

DOCTRINE OF CITIZENS ARREST

 It is otherwise known as warrantless arrest. As provided under Sec 5, Rule 113 (RPC), there are 3
legal conditions of warrantless arrest. Without a warrant, a peace officer or a private individual
may arrest a person when:
1. When in his presence, the person to be arrested:
a. has just committed an offense
b. is actually committing an offense
c. is about to or attempting to commit an offense.

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2. When an offense has just been committed and the arresting officer has a probable cause to
believe base on facts and circumstances that the person to be arrested has committed it.
3. When the person to be arrested is a escaped prisoner, who has escaped from a penal
establishment or place while he is serving his sentence by final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from one
confinement to another.

Hot Pursuit

 Hot pursuit (also termed in the US as fresh pursuit) shall mean an immediate, recent chase or
follow-up without material interval for the purpose of taking into custody any person wanted by
virtue of a warrant or one suspected to have committed a recent offense while fleeing from one
police jurisdiction to another, necessitating the pursuing. Police Unit to cross jurisdiction
boundaries that will normally require prior official personal inter-unit coordination but which the
pursuing unit cannot at that moment comply with due to the urgency of the situation.

 Team Leaders of Local Police Units operating outside their AOR and National
Support Units shall coordinate personally or through an official representative with the concerned
territorial Police Office within whose jurisdiction the operation will be conducted using the
prescribed Coordination Form prior to the launching of the operation, except in cases of hot
pursuit where the inter-unit coordination through the written form cannot be made due to the
nature and urgency of the situation. In such case, the Police Unit in pursuit shall endeavor to
notify the territorial unit by any means of appropriate communication at anytime during the hot
pursuit and if not possible, shall accomplish and furnish the territorial Police Unit a written
incident report immediately after the termination of that particular pursuit operation (POP
Manual, 2010, Rule 2).

SOP OF ARREST WITHOUT WARRANT

 During the initial contact with the person to be arrested, these steps should be followed:
1. Freeze or restrain the suspect;
2. Make the proper introduction as to identity and authority to arrest;
3. Inform the arrested person of the circumstances of his arrest and recite to him the Miranda
Warning;
4. Conduct thorough search for weapons and other illegal materials;
5. As a general rule, no unnecessary force shall be used in making the arrest;
6. Confiscated evidence shall be properly documented;
7. Bring the arrested person to the Police Station for further investigation and disposition;
 In arresting without warrant, the officer must inform the person to be arrested of his
authority and cause of the arrest. However, these may not be exactly followed if:
1. the person to be arrested is engaged in the commission of an offense;
2. he is pursued immediately after committing a crime or after escape;
3. he attempts to flee from the officer arresting him;
4. he forcibly resist before the officer has the opportunity to inform him; or
5. when giving such information will imperil the arrest.

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 VIOLATION OF THE ARRESTED PERSONS RIGHT

 The right of the person to have his counsel must be observed.
 R.A. # 857(as amended by EO #155 on March 20 1987) penalizes any public officer who
deprives a person of his right to counsel.
 The penalty of the law is prision correctional (imprisonment of 6 months and 1 day to 6
years)
 In connection with this,

 Any member of the bar, at the request of the person arrested or of another of his behalf,
has the right to visit and confer privately with such person, in jail or any other place of
custody of the day or night (in urgent cases).
 This right may be exercised by any elative of the person subjects to reasonable
regulations. (Sec 14, Rule 113)

Illegal Arrest may taint the crucial evidence of Guilt

 Although illegal arrest will not immunize defendants against criminal prosecution, they may lead
to the inadmissibility of crucial evidence of guilt. Physical evidence obtained during the search
and seizure incident to illegal arrest, such as recovered stolen property or burglary tools, will be
considered tainted and therefore suppressed under exclusionary rule (Hess & Wrobleski, 2006).
Procedures in Making Legal Arrest

 The actual arrest is usually made by an officer stating to a person, “You are under arrest for …….”
The person arrested should be told clearly – not in police jargon or legalese- the reason for the
arrests. Officers should always be on-guard when making the arrest. As noted people, people
could react violently to being arrested; even individuals appear to be meek and incapable of
violence.
 Depending on circumstances, the person may first be handcuffed for the officer’s safety. The
arrested person should be searched for weapons and destructible evidence. If the arrested person is
to be questioned, the Miranda Warnings must be given before any questions are asked.
 In typical arrest situation, officer should:
o Announce the arrest and the reason for it.
o Handcuffed the person of warranted.
o Searched the arrested person for weapons and evidence.
o Give the Miranda Warning if questions are to be asked.
The Use of Force in making an arrest

 If the person being arrested offers no resistance, no force should be used in making the arrest.
 Guidelines for use of force when making an arrest.
o No resistance – Use no force
o Resistance – use only as much as force as necessary to overcome resistance.
o Rule 7 of Police Operational Procedure (2010) provides that reasonable force can be use
during an armed confrontation; the police may use reasonable force to overcome the threat
posed by the suspect. However the Officer-in Charge of the operation shall at all times exercise

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control over his men in the area, and shall ensure that no innocent civilian is caught in the
crossfire.
o Threat to officer’s life – use deadly force.
o Use of deadly force
o The excessive use of force shall be avoided. The use of firearm is justifiable by virtue of the
Doctrines of Self-Defense, Defense of Relative, and Defense of Stranger, and if the police have
probable cause to believe that the suspect poses an imminent danger of death or serious
physical injury to the police or other persons Rule 6 (POP manual, 2010).

Warning shots in conducting arrest

 Police shall not use warning shots during any police intervention (Police operational Procedure,
2010, Rule 5).

Using Forcible Entry to Arrest

 The right of the law enforcement officers to use force to enter a building to make an arrest is
almost 400 years old. The use of forcible entry to arrest was firmly established early on in
common law, even though the fundamental liberty of people includes protecting their homes.
However common law also recognized that circumstances often demand immediate arrests and
that, accordingly, a house may sometimes have to be forcibly entered. This Necessity is
recognized by the maxims, “No one can have a castle against the king” and the King’s Keys
unlock all doors.” Individual rights must yield to public necessity.
The Use of Non-lethal or less lethal Weapons in making arrests

 Less lethal weapons for use with violent, combative suspects include tear gas and other chemical
irritant sprays, impact weapons, the taser gun, foams, nets and K-9s.

Duties of Arresting Officer in Case of Arrest without a Warrant

a.   The arresting officer shall inform the subject or suspect, in the
dialect or language known to him, why he is being arrested, and of his right to remain silent and to have a
counsel of his own choice, to be inform of his authority and the cause of the arrest, unless the person to be
arrested is then engaged in the commission of an offense or is pursued immediately after its commission
or after and escapes; or flees or forcibly resists before the officer has opportunity to so inform him, or
when
the giving of such information will imperil the arrest.

b. The arrested person shall be delivered to the proper authorities without unnecessary delay and within
the time prescribed in article 125 of the Revised Penal Code, as amended (12, 18, or 36, hours, as the case
may be).

c.   The person arrested without a warrant shall be delivered to the nearest police station or jail, and shall
be the subject of inquest proceedings under Section 7, Rule 112 of the 2000 Rule of Criminal Procedure.

d. If the person arrested without a warrant waives his right to remain to silent under the provisions of Art
125 of the Revised Penal Code and opts to give a statement and present evidence for his defense, the

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arresting officer shall ensure that the waiver made by the person arrested shall be in writing and in the
presence of his counsel of choice (Rule 9, SEC. 6, POP Manual).

Medical Examinations of Arrested Persons

 Immediately after the arrest of a person ordered arrested by the court, or a suspect under
investigation, he should be subjected to a medical examination. Prior to his release or any
change of custody, the suspect should also be medically examined by a medico-legal officer or,
in the absence of such medico-legal officer, by any government physician in the area (POP
Manual, Rule 9, Sec. 7).
Prohibitions
 No torture, force, violence, threat, intimidation, or any other means which violates the free will
shall be used against a suspect. Secret detention places, solitary confinement (incommunicado) or
other similar forms of detention shall be prohibited (POP Manual, Rule 9, Sec. 8).
Record Check
 The officer shall make a record check for the possibility that the arrested person is wanted for
crimes other that for which the same was arrested(POP Manual, Rule 9, Sec. 9)..
Police blotter
 Each PNP operating unit shall maintain an official police blotter where all types of operational
and undercover dispatches shall be recorded containing the five “W”s and one “H” of information
(Rule 1, POP Manual 2010).

SEGMENT 2: RAID OPERATION

Raid
 Raid is a surprise invasion of a building or area.
 It is a small-scale attack of a limited territory.
 It must be legal, having its basis in lawful process and conducted in legal manner. This should be
in the form of search warrant or warrant of arrest.
 It may be a pursuit of a person reasonably believed to be guilty of a crime when it is known that
the crime has just been committed.
 It is usually made after careful investigation and when other methods of accomplishing the
mission are not suitable. Whenever available, officers experienced in conducting raids should be
chosen as team/squad leaders of the raiding party.
 Coordination of individual efforts is essential for the success of a raid.
 The raiding party should act as a team.
 Members of the team must thoroughly understand the objectives, the plan of actions and orders.
Each member should have specific assignment.
 Before proceeding to the target place, the team leader should conduct final briefing. Rallying
points of team should not be too close to the target.
 Vehicle/s of the raiders must be guarded as they might be used by suspects in escaping. Vehicles
belonging to the suspects must be disabled.
 Men should be posted to cordon the area to prevent possible escape and restrain bystanders from
interfering.
 In the event that the suspects fail to heed the warning to surrender, entry must be made through
one point to avoid “Mis- Encounter”.
 Upon completion of the raid, guards should be designated to protect the property and observe
presence of associates of suspects.
 Reassemble at the rallying point for final accounting of all members of the raiding team.
Raid objectives
 The usual objectives of conducting raids are as follows:
1. To effect apprehension
2. To obtain evidence of illegal activity by surprising offenders in flagrante delicto

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3. To recover stolen property

Factors affecting success or effectiveness of a raid

1. Size of raiding party
2. Speed
3. Surprise
4. Superiority of weapons/firearms
5. Simplicity of plan and operation
Composition of raiding party
1. Team leader and asst. team leader
2. Covering or surrounding squad
3. Going-in detail or entering party
4. Driver/guard of the raiding vehicle
5. Photographer or recorder who should keep an accurate log of the raid
6. Officer/s in charge of gathering/recovering evidences
Duties of covering or surrounding party
1. Provides cover fire while a separate squad enters the building.
2. Prevent the escape of criminals
3. Provide barricade after the raid
DUTIES OF GOING – IN DETAIL OR ENTERING PARTY
1. Call for surrender of criminals
2. Effect arrests of suspects/criminals
3. Incapacitate and dislodge criminals
4. Search for evidence
ELEMENTS OF RAID OPERATION
 As in military operation, a raid to be successful must have the following elements;
1. Mission
2. Reconnaissance
3. Plans
4. Instructions
5. Orders
6. Execution
Planning the raid operation
 Success of a raid primarily depends on intelligent planning and competent implementation. To
achieve the element surprise, which is vital, the operation must be performed surreptitiously and
with speed.

 Factors to be considered in planning:

1. Terrain and building occupied by the suspects
2. Reconnaissance and surveillance of the target place should be conducted to obtain necessary
data/information for planning.
3. Participating officers should be informed of the nature of the mission.
4. During the briefing, the following should be emphasized;
a. Specific assignment and position of each member of the team
b. Tactics to be employed
c. Equipment and transportation to be used
d. Evaluation of possible points or hazards
e. Optimum time of accomplishing the mission

5. Plan of raid must integrate the 3-S

a. SPEED

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 Moving into must be swiftly done by each member

b. SURPRISE
 Catch suspects while off-guarded
c. SIMPLICITY
 The plan should easy to understand and memorized; members should not be
confused.

SEGMENT 3: SEARCH AND SEIZURE

 Search
 As generally applied in criminal investigation, refers to the examination of an
individual’s person, house, papers or effects, or other buildings and premises to discover
contraband or some evidence of guilt to be used in the prosecution of a criminal action.
 As a general rule, no search should be conducted without a valid search warrant. The
warrant should be served during daytime, unless there is a provision in the warrant
allowing service at any time of the day or night.
 Seizure
 Seizure is usually applied in relation to search; it refers to the confiscation of property by
an officer with legal authority to do so. In criminal investigation, it is the logical
consequence of search.
 Search warrant
 Search warrant an order in writing issued in the name of the people of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for personal
property described therein and to bring it before the court. (Sec. 1, Rule 126 of the RPC)
 Under Sec. 3 of Rule 126, a search warrant may be issued for the search and seizure of
personal property, which could be:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds or fruit of the offense, or
3. Used or intended to be used as a means of committing an offense.

 It should be issued upon probable cause in connection with one specific offense to be
determined personally by the judge after examination under oath and affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to
be searched and the things to be seized. (Sec 4, Rule 126)
 Generally, articles not included in the search warrant may not be seized. However,
articles prohibited by statutes, although not included in the search warrant, may be
seized. Thus, during the progress of a bonafide search for other commodities illegally
possesses, whether with search warrant or not, contrabands or items declared illegal per
se are discovered, the contraband can be seized. The seizure of goods wherein the
possession of which is forbidden by statutes violates no constitutional rights.

 Probable Cause
 Probable cause refers to facts and circumstances antecedent to the issuance of a warrant
sufficient in themselves to induce a cautious man to rely upon them and act and the act in
pursuance thereof. (De Leon, 1994)
 In simpler word, it is the sufficient reason to believe that an arrest or search of suspect is
necessary.
 Therefore, sufficient facts must be presented to the judge to convince him that acts or
omissions in violation of the law has been committed by the party against whom the
warrant is sought to be issued.

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Application of doctrine of the poisonous tree during search and seizure

 The fruit of illegal search are inadmissible as evidence in court. Any evidence obtained in
violation of persons’ right against unlawful search and seizure is inadmissible for any purpose in
any proceeding. This is specifically provided under Sec 3, Art III of 1987 Philippine constitution.
 As a general rule, articles included in the search warrant may not be seized. However, articles
prohibited by special laws, although not included in the search warrant, may be seized.
 Thus, during the progress of the search (with search warrant) for a firearm, contrabands (like
drugs) are discovered, such contrabands can be seized. The seizure of articles that are forbidden
by any law is not violation of the constitutional right of a person.
 The properties that can be seized even without a valid search warrant may be in form of;
1. Stolen or embezzled properties, and other proceeds or fruits of crime.
2. Weapons, equipment and other items intended to be used for committing a crime.
3. Objects that are illegal per se (contrabands) in plain view.

Execution of search warrant

 A search warrant must be served within 10 days from its date of issuance. After the lapse of
the statutory period, it shall be void. The legal procedure in serving a search warrant is mandated
under, Revised rules in Criminal Procedure, specifically under Rule 126 from Sec 7 to 13.
 To properly execute a search warrant, the following procedures should be followed:
1. The police officer concerned must go to the place indicated in the warrant and take the things
described therein, in the presence of 2 competent witnesses who is a resident of the
neighborhood.
2. If the occupants of the place to be searched refuse to admit the officer after giving notice of
his purpose and authority, the officer may force himself inside to execute the warrant. If he is
detained inside, he may use force to liberate himself.
3. The search must be made during daytime, unless otherwise stated by the court.
4. The confiscating officer must issue a detailed receipt of seized property on the person where
possession it was found. In the absence of such person, he must leave the receipt in the place
where the property was seized in the presence of at least one witness.
 In compliance with this procedure, it is practice to issue a RECEIPT FOR
PROPERTY SEIZED after a seizure. The receipt must be signed by the seizing
officer and 2 witnesses. Recent Supreme Court decisions, however declared that such
receipt when signed by the accused, is in effect an extra judicial confession of the
commission of the offense charged.
 Another document which is made after search is CERTIFICATION OF
PROPERTY SEIZED. This is signed by the owner of property, and is more
appropriate than receipt for property seized.
5. To preclude any suspicion of theft or planting evidence, opening safe, drawers, cabinets,
tables, etc…. of lifting/moving articles may be done by the owner of the house or his
authorized representative by immediate members of his family.
6. Thereafter, the officer must immediately deliver the confiscated property to the judge who
issued the warrant, together with an inventory duly verified under oath.

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Exception to the search warrant requirement

 An officer may conduct valid search and seizure despite the absence of duly issued search
warrant if the situation is covered by the following:
1. Execution of an arrest warrant
Officer’s can search for a suspect in the suspect’s home to execute an arrest warrant if
they have probable cause to believe that the suspect is there. This exception applies only
to the suspect’s home. They cannot conduct search of any other location even though
they have the arrest warrant. For other location a search warrant is required. Maryland
vs. Buie (1990) established that officers may make a limited protective sweep of a home
during an arrest if the circumstance warrant.
2. Frisks
Terry vs. Ohio established that officers can conduct a pat down of an individual they
stopped if they believe the person is armed and dangerous. This is a protective search for
weapons only.
3. Search incident to arrest
Search made incidental to a valid arrest. Moreno vs. Ago Chi, 12 Phil 439, 422 (1909)
provides that an officer making a lawful arrest by virtue of a warrant or under the
doctrine of warrantless arrest may take from the person arrested any money or property
found upon his person which was used in the commission of the crime or was the fruit of
the crime or which might furnish the prisoner with the means of committing violence or
escaping, or which may be used in evidence in the trial of the case….” (Police
Operational Procedure, 2010) “.
Chimel v. California (1969) established that officers can search a person they have
arrested for weapons and for evidence, but the search must be limited to the area within
the arrested person’s immediate control, sometimes referred to as the person’s “wing
span”. It is entirely reasonable for the arresting officer to search for and seize any
evidence of the arrestee’s person to prevent its concealment or destruction and the area
from within which the arrestee might gain possession of a weapon or destructible
evidence.
The area within a person’s control includes women’s purses, chairs suspects are sitting in
at the time of arrest and the entire interior of an automobile if the person is in the car at
the time of the arrest. (The trunk is not included under this exception). New York v.
Belton (1981) decided that automobile’s interior could be search after the passenger was
arrested.
4. Search of moving vehicles

Search of moving vehicles. Carroll V. United States, 267 U.S. 132, 153 (1925) says: “ the
guaranty of freedom from unreasonable searches and seizures is construed as recognizing
a necessary difference between a search of  a dwelling, house or other structure in respect
of which a search warrant may readily be obtained and a search of a ship, motorboat,
wagon, or automobile for contrabands goods, where it is not practicable to secure a

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warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in
which the warrant must be sought”
The motor vehicle exception allows an officer to search a vehicle without a search warrant
as long as he or she has probable cause to believe that evidence or contraband is located
in the vehicle. The exception is based on the idea that there is a lower expectation of
privacy in motor vehicles due to the regulations they operate. Additionally, the ease of
mobility creates an inherent exigency to prevent the removal of evidence and contraband.
In Pennsylvania v. Labron the U.S. Supreme Court, stated, “If a car is readily mobile and
probable cause exists to believe it contains contraband, the Fourth Amendment permits the
police to search the vehicle without more.”
The scope of the search is limited to only what area the officer has probable cause to
search. This area can encompass the entire vehicle including the trunk. The motor vehicle
exception in addition to allowing officers to search the vehicle also allows officers to
search any containers found inside the vehicle that could contain the evidence or
contraband being searched for. The objects searched do not need to belong to the owner of
the vehicle. In Wyoming v. Houghton, the U.S. Supreme Court ruled that the ownership of
objects searched in the vehicle is irrelevant to the legitimacy of the search.

5. Consent
When there is waiver of the right or there is consent. De GarciaV Locsin, 65 Phil. 689,
694-5 (1938) says: It is well-settled that to constituted a waiver of a constitutional right, it
must appear, first that the right exists; secondly, that the person involved had knowledge,
either actual or constructive, of the existence of such right; lastly, that said person had an
actual intention to relinquish the right” Thus, where accused has voluntarily surrender his
gun, he cannot claim illegality of the seizure. People V. Agbot, 106 SCRA 325, 331 (L-
376541, July 31,1981)
The consent must be voluntary and it must be given by the person who has the authority to
do so. No threats can be used. The officers do not need to identify themselves as law
enforcement officers. The consent can be withdrawn at any time during the search.
Landlords cannot give consent to allow their tenant’s apartments to be searched.
6. Seizure of evidence in plain view/feel – “plain view doctrine”
Seizure of evidence in plain view. Harris V United States, 390 U.S.234, 236 (1968) Says
that any object “falling in the plain view are subject to seizure and may be introduced as
evidence.”
Allows an officer to seize – without a warrant – evidence and contraband found in plain
view during a lawful observation. This doctrine is also regularly used by TSA Federal
Government Officers while screening persons and property at U.S. airports.
For the plain view doctrine to apply for discoveries, the three-prong Horton test
requires:

1. the officer to be lawfully present at the place where the evidence can be plainly
viewed,
2. the officer to have a lawful right of access to the object, and
3. the incriminating character of the object to be “immediately apparent.”

In order for the officer to seize the item, the officer must have probable cause to believe
the item is evidence of a crime or is contraband. The police may not move objects to get a

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better view. In Arizona v. Hicks, 480 U.S. 321 (1987), the officer was found to have acted
unlawfully. While investigating a shooting, the officer moved, without probable cause,
stereo equipment to record the serial numbers. The plain view doctrine has also been
expanded to include the sub doctrines of plain feel, plain smell, and plain hearing.
In Horton v. California 496 U.S. 128 (1990), the court eliminated the requirement that the
discovery of evidence in plain view be inadvertent, a requirement that had led to
difficulties in defining "inadvertent discovery

7. Abandoned property
This applies to anything an individual throws away, including bags or purses discarded
while being chased by the police. In California v. Greenwood (1998), the Court upheld the
right of officers to search an individual’s garbage that had been placed on the curb. Some
states, however these is more restrictive. New Jersy and Hawaii, for example, prohibit
police from going through garbage without warrant.
8. Open fields
"Open Fields".—In Hester v. United States, the Court held that the Fourth Amendment
did not protect "open fields" and that, therefore, police searches in such areas as pastures,
wooded areas, open water, and vacant lots need not comply with the requirements of
warrants and probable cause. The Court's announcement in Katz v. United States286 that the
Amendment protects "people not places" cast some doubt on the vitality of the open fields
principle, but all such doubts were cast away in Oliver v. United States. Invoking Hester's
reliance on the literal wording of the Fourth Amendment (open fields are not "effects")
and distinguishing Katz, the Court ruled that the open fields exception applies to fields that
are fenced and posted. "[A]n individual may not legitimately demand privacy for activities
conducted out of doors in fields, except in the area immediately surrounding the home."
Nor may an individual demand privacy for activities conducted within outbuildings and
visible by trespassers peering into the buildings from just outside. Even within the
curtilage and notwithstanding that the owner has gone to the extreme of erecting a 10-foot
high fence in order to screen the area from ground-level view, there is no reasonable
expectation of privacy from naked-eye inspection from fixed-wing aircraft flying in
navigable airspace. Similarly, naked-eye inspection from helicopters flying even lower
contravenes no reasonable expectation of privacy. And aerial photography of commercial
facilities secured from ground-level public view is permissible, the Court finding such
spaces more analogous to open fields than to the curtilage of a dwelling.
9. Inventory
An inventory search is the routine inventory of an impounded vehicle. The Supreme Court
has ruled that evidence of a crime uncovered during such a search can be used for
prosecution. A warrant is not required because the state, in legally impounding the vehicle,
bears legal liability for the contents of the vehicle. To protect itself against law suits, the
state must have a written list of these contents. Under the plain view doctrine, because
police conducting the inventory have a legitimate reason to look inside the car, it is not
reasonable for them to close their eyes to evidence of crime.
10. Exigent circumstances

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Occurs when an emergency exists and there is no time for the officers to obtain a search
warrant. That is, the evidence could be destroyed or gone by the time they obtained the
warrant. This is frequently used exception and also the most difficult to justify.

4 COMMON TYPES OF SEARCH AFTER ARRESTING A SUSPECT/RESPONDENT

1. Wall Search
The initial purpose of using this search is to put the suspect in an “off-balanced position”.
This is the safest type of search.
It does not necessarily require a wall. Any object that can support the weight of the
suspect (such as a car) can be used.

2. Standing Search
 Instruct the subject to raise his hands above or behind his head with feet spread apart as
far as possible. In some situations, this is not recommended because some suspects could
still maintain their balance.
3. Kneeling Search
 Require the suspect to kneel on the ground with hands raised over or behind his head.
 Note that some suspects could still make counter actions against the arresting officer even
if they are assuming this position.
4. Prone search
 The suspect in this search lies on his stomach with arms and legs outstretched. One
disadvantage of this search is that the suspect’s frontal area cannot be searched properly.
 This type of search can be dangerous if the subject has knowledge in judo, aikido and
other similar forms of defense tactics.

USING THE HUNDCUFFS

 Handcuffs are the best method of restraint. If it is applied properly, it is good preventive
measure but if improperly applied. It could be dangerous.

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INTRODUCTION TO INVESTIGATIVE
CHAPTER X
REPORT WRITING

INVESTIGATIVE REPORT WRITING

Definition of Terms
1. Investigative Report Writing - is the reduction of facts into writing in line with the investigation
conducted by any law enforcement agencies to serve as a reference that will guide future endeavors to any
matters that may have logical connection to the case under investigation; undercover operation; court
proceeding; or any law enforcement activity.
2. Police blotter - is a record or log of everyday events occurring within the territories/jurisdiction of a
given police unit or command. It contains material details concerning the event for legal and statistical
purposes. It is also where all types of operations and undercover dispatched shall be recorded containing
the 5Ws (WHO, WHAT, WHERE, WHEN, and WHY) and one H(HOW) of information.
3. Investigative Reporting–is an objective statement of the investigator’s findings. It is an official record
of information relevant to the investigation which the investigator submits to his/her superior.
4. Communication–the use of language, spoken or written, to exchange ideas or transfer information.
5. Report–is a detailed account of an event, situation, etc., usually based on observation or inquiry.
6. Reporting–is knowingly passing along information to someone else.
7. Report Writing–is a communication that lends itself to a useful tool for people in a free society to
express their thoughts and ideas and to obtain what they need or want.
8. Fact–is anything which either through careful observation or investigation, has been proven to exist as
to have happened.
9. Note Taking–is defined as a brief notation concerning specific events that are recorded to refresh your
mind and used to prepare a report.
10. Chronological Order–is the arrangement of events and/or actions in order by the time of their
occurrence.

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11. Investigation–is the collection of facts to accomplish at threefold aim: to identify the suspect; to locate
the suspect; and to provide evidence of his guilt.
12. Investigator /Officer–shall refer to any law enforcement personnel belonging to the duly mandated
Law Enforcement Agencies (LEA)tasked to enforce RA9208 such as officers, investigators and agents of
the PNP and NBI.

Importance of Investigative Reporting

1. It serves as records for police administration in planning, directing, and organizing unit’s
duties.
2. Reports can be used as legal documents in the prosecution of criminals.
3. Reports can be used by other agencies.
4. Reports can be useful to local media which need access to public documents.
5. The author of a report should also consider that his/her (written) work is reflective of his
personality.
6. Reports can be a basis for research.

Requisites of a Good Investigation Report

a) Accuracy – the report should be a true representation of the facts. Information both favorable
and unfavorable to the suspect should be included. Information should be verified by statements
of other witnesses and by reference to official records or to the reliable sources.
b) Completeness – the question of (five) 5 W’s and one (1) H should be answered.
c) Brevity –irrelevant or unnecessary materials should be omitted.
d) Fairness –the investigator should take the facts as he finds them, and if ever he has theories, it
must be consistent with these facts.
e) Form and style-the arrangement of the materials present should be in a manner which will
make the report easy to read. The report should be written in a third person, the investigator
referring to him/herself as “the investigator”
f) Clarity- the language and format of a report are simple and to the point.
g) Specific – use of specific words that bring the reader close to first-hand experience.
h) Timeliness – completion of report promptly.

Basic Types of investigation Report

1. Spot Investigation Report (SIR) is an immediate initial Investigative or incident report addressed to
Higher Headquarters pertaining to the commission of the crime, occurrence of natural or man-made
disaster or unusual incidents involving loss of lives and damage to properties.
2. A Progress Investigation Report (PIR) is an accounting of the actions or series of actions undertaken in
relation to an ongoing investigation of a case.
3. After Operation Report is a report that may be rendered after any successful police operation that leads
to the arrest of any member or some members of a syndicated crime group.
4. Final Investigation Report (FIR) is a thorough, in-depth and lengthy account regarding an investigation
into an incident or case as mandated by higher authorities to establish a determination of the truth and/or
how far it could be determined based on the facts and circumstances with the appropriate
recommendation for the proper course/s of action/s to be made.

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